USER TERMS OF SERVICE
Welcome to Linkpage! Your use of our services, including the services we make available through this website (the “Site”) and any materials, software or services offered by us in connection with this Site (the “Services”) is governed by these terms of service (the “Terms” or “User Terms of Service”), so please read them carefully before using the Services. For the purposes of these Terms, “we,” “our,” “us,” “Linkpage,” or the “Company” shall refer to Linkpage Sdn. Bhd, the provider and operator of the Services.
In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of other party, an organization or individual, you shall be deemed to agree with these Terms for that other party, organization or individual where you hereby expressly and irrevocably represent, covenant and warrant to us that you have the authority to bind that other party, organization or individual to these Terms. In that case, “you” and “your” will also refer to that other party, organization or individual, wherever possible.
In the event your age is below 18, you must get your parent or guardian to read and understand these Terms and agree to them on your behalf before you use the Services. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.
You agree that your use of the Services is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Linkpage or any of its affiliates regarding future functionality or features.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH PROVIDES THE INTERACTIONS, CONNECTIONS AND COMMUNICATIONS BETWEEN A USER AND OTHER USER FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT Linkpage IS MERELY PROVIDING A PLATFORM FOR DELIVERY OF THE SERVICES AND NOT A PARTY TO ANY AGREEMENTS, CONTRACTS, OFFER AND ACCEPTANCE, TRANSACTIONS OR DEALINGS TO BE ENTERED INTO BETWEEN A USER AND OTHER USER. EACH USER IS INDEPENDENT CONTRACTOR OF ITS OWN, AND NOT EMPLOYEES OR AGENTS OF Linkpage. Linkpage HAS NO CONTROL OVER THE QUALITY OR MERCHANTABILITY OF PRODUCTS, SERVICES OR CONDUCT OF USER AND OTHER USERS OF THE SITE AND SERVICES, AND Linkpage DISCLAIMS ALL LIABILITY IN THIS REGARD IN TOTO.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR BY USING ANY FEATURES OR FUNCTIONS ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN PLEASE LEAVE / CLOSE THIS SITE AND YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.
2. DESCRIPTION OF SERVICES
Linkpage is not a provider of business. Linkpage’s role is solely to facilitate the availability of the Site and Services. Similarly, Linkpage is not a contracting agent or representative of any User. Every User is independent contractor of its own and is not employees or agents of Linkpage.
We have the right, but not the obligation, to monitor any activity associated with these Services and to remove, delete or block any content which is, in our absolute discretion without having the need to assign any reason, deemed improper, illegal, unlawful, sensitive, offensive, unsuitable, indecent, objectionable, etc.
We also have the right to forthwith suspend, limit the use and/or terminate the account of any User without any compensation or refund to the User in the event the User breaches any of the User Terms of Service herein contained after one (1) warning has been given.
In the event you would like to engage any service through advertisement posted on the Site, you are responsible for selecting the right service provider to suit your needs. Where applicable, in making hiring decisions, you should review and investigate each service provider’s self-reported credentials, business background, and experience, as well as reviews from other customers. You waive and release Linkpage from any liabilities arising from or related to any act or omission of any service provider in connection with your use of the Services.
Linkpage DOES NOT CONTROL THE PRICE, AVAILABILITY, MERCHANTABILITY, QUALITY, RELEVANCE OR ACCURACY OF DESCRIPTION OF ANY SERVICE OR PRODUCT PROVIDED BY ANY USER ON THE SITE, AND Linkpage DOES NOT DETERMINE OR VERIFY WHETHER ANY USER IS QUALIFIED TO PROVIDE THE SERVICE OR PRODUCT, OR WHETHER A USER IS CATEGORIZED CORRECTLY OR IN THE MOST APPROPRIATE CATEGORY TO PROVIDE THE SERVICE OR PRODUCT.
Linkpage DOES NOT CONTROL, IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER OR USER’S CONDUCT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION, COMMUNICATION, CONNECTION WITH OR RELIANCE ON ANY USER OR USER’S CONDUCT. Linkpage ASSUMES NO RESPONSIBILITY FOR VERIFYING THE IDENTITY, QUALIFICATIONS, CREDENTIALS, BIOGRAPHIC INFORMATION, LICENSURE, AND/OR ANY OTHER INFORMATION REGARDING ANY OF THE USERS, ALTHOUGH IT MAY CHOOSE TO TAKE ACTION TO DO SO INDEPENDENTLY, IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT.
In order to use the Services, you will be required to provide us with personally identifiable information, including your full name, email address, phone number, username and password (“Credentials”).
We handle your personally identifiable information with the utmost attention, care and security. Nonetheless, you, not us, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify us promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorize that activity. You should immediately notify us of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent or permission, or you discover any other breach of security, you agree to notify us immediately.
You agree that you will not permit, allow, consent to, enable, introduce or facilitate (i) persons who do not have a registered account with us to have access to or use the features of the Site and Services as the Site and Services are only made available to Users; and (ii) other users to use our Services through your account, including at the same time that you are doing so.
4. USER-UPLOADED CONTENT
You acknowledge that you may be able to create, transmit, publish, post or display information (such as data, text, graphics, videos, messages or other materials) through use of the Services. All such information is referred to below as the “Content”.
You agree that you are solely responsible for (and that Linkpage has no responsibility to you or to any third party for) any Content that you create, post, upload, download, transmit, publish, display or otherwise make available while using the Services, and for the consequences of your actions Linkpage may suffer in connection with such Content. For this purpose, you hereby irrevocably agree to indemnify Linkpage for any loss, damages, claims or proceedings which Linkpage may suffer as a result of your act or omission in respect of such Content. Furthermore, you acknowledge that Linkpage does not control or actively monitor Content uploaded by other users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Linkpage be liable in any way for any such Content.
You agree that Linkpage has no responsibility or liability for the removal, deletion or failure to store any Content or other communications maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for securing and backing up any such Content.
Linkpage reserves the right (but shall have no obligation) to remove, delete or block any or all Content from the Services. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from Linkpage. In the event that you elect not to comply with a request from Linkpage to take down certain Content, Linkpage reserves the right to directly take down such Content.
5. NO ENDORSEMENT
Linkpage acts as a technology service that facilitates provision of online platform for Users and does not make decisions related to the provision of, or otherwise exercise control or supervision over, products or services or the contents thereof.
Linkpage does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users interacted with as a result of your use, or use by any third party, of the Site and Services. We are not your agent or the agent of any User. We will not be responsible for any risk, damage or harm resulting from your interactions, communications or connections, or those of anyone else, with other users. By using the Site or Services, you, and any third party that may use the Site and Services under your account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Users or other third parties will be limited to a claim against the particular User or the third parties who caused you, or such third party, risk, damage or harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from Linkpage with respect to such actions or omissions. In addition, Linkpage is not responsible for the use or exchange of any information or files between Users. Furthermore, Linkpage does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by or between Users. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services. Linkpage ASSUMES NO RESPONSIBILITY FOR VERIFYING THE IDENTITY, QUALIFICATIONS, CREDENTIALS, BIOGRAPHIC INFORMATION, LICENSURE, AND/OR ANY OTHER INFORMATION REGARDING ANY OF THE USERS, ALTHOUGH IT MAY CHOOSE TO TAKE ACTION TO DO SO INDEPENDENTLY, IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT.
Linkpage is not liable for potential settlements between the Users, created as a result of using the Services or its individual services, nor is it liable for potential settlements with tax bodies appropriate for the Users, arising from cooperation between the Users. Linkpage is not liable for any risks, damages and losses incurred by the Users arising from cooperation or interactions between the Users within the Services.
6. PROPRIETARY RIGHTS
You acknowledge and agree that Linkpage (or Linkpage’s licensors) own(s) all legal right, title and interest in and to the Site and Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
All trademarks, service marks, logos and designs used by Linkpage in providing the Services, whether registered or unregistered, are owned by Linkpage or other third parties. You shall not use or display any trademarks, service marks, logos or designs owned by Linkpage or its affiliates without our prior written consent.
Linkpage acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, upload, download, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Linkpage, you agree that you are solely responsible for protecting and enforcing those rights at your own cost and expenses and that Linkpage has no obligation to do so on your behalf.
7. RESTRICTIONS ON USE
To ensure that the Services are properly and safely used and accessed, you agree that you will not (and you shall not permit anyone else to) do any of the following while using the Services:
disclose personally identifiable information such as full name, age and city of residence;
upload, post, email, transmit or otherwise make available any Content that is unlawful, illegal, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, sensitive, vulgar, obscene, libelous, invasive of another's privacy, hateful, or religious, racially, ethnically or otherwise objectionable;
upload, post, email, transmit or otherwise make available any Content that is related to alcohol, drugs and/or cigarette or against the laws, by-laws, regulations etc;
harm minors or any other User in any way;
impersonate any person, User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
create multiple accounts or otherwise attempt to access the Services in a manner so as to avoid incurring fees;
disrupt the normal flow of communication on the Services or otherwise act in a manner that negatively affects other users’ ability to use the Services;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
access or use the Services in any way that is harmful to Linkpage or other Users;
intentionally or unintentionally violate any applicable local, state, national or international law;
access the Services from territories where its contents are illegal is prohibited (those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with all other territories’ rules including, without limitation, rules about the internet, data, email, or privacy);
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by Malaysia government as a foreign terrorist organization;
“stalk” or otherwise harass another user;
use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Services;
collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise; or
access the Services for the purpose of bringing an intellectual property infringement claim against Linkpage or for the purpose of creating a product or service competitive with the Services.
Linkpage may refuse to store, provide, or otherwise maintain your Content for any or no reason. Linkpage may remove your Content from the Services, suspend or terminate your account, and prevent or limit your access to the Services at any time if you violate these Terms or if the Services are cancelled or suspended. If Content is stored using the Services with an expiration date, Linkpage may also delete the Content after such expiration date. Content that is deleted may be irretrievable.
By using the Services, you consent to receiving electronic communications from Linkpage. These communications will include notices about your account (e.g. receiving e-mails and other information) and information concerning or related to our Services, such as featured contents, Services update or other announcements.
You may review your personal information and request changes to be made to your personal information at any time either through your profile or by contacting us.
Linkpage reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other governmental officials. To protect our systems and users we may access and disclose any information we consider necessary or appropriate to appropriate law enforcement officials, regulators, or other governmental officials. We reserve the right, at our sole discretion, to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving our Services.
9. PAID SERVICES
We reserve the right to modify pricing for any and all portions of our Services at any time – including any portions of the Services currently being provided free of charge – without prior notice to you and in our sole discretion.
10. DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE INTERNET OR SERVER OF THE SITE AND/OR SERVICES WILL BE ERROR FREE AND BE FUNCTIONABLE ALL THE TIME.
THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
YOU ACKNOWLEDGE AND AGREE THAT Linkpage DOES NOT HAVE AN OBLIGATION TO CONDUCT CRIMINAL BACKGROUND CHECKS ON OR TO INTERVIEW, VERIFY OR SCREEN ANY USER OF THE SITE OR SERVICES, BUT MAY CONDUCT SUCH CRIMINAL BACKGROUND CHECKS, VERIFICATION OR SCREENING OR INTERVIEWS IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR CONNECTIONS, COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU CONTACT, LIAISE, COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT Linkpage DOES NOT MAKE ANY ATTEMPT TO VERIFY THE CONTENT ON THE SITE OR SERVICES. Linkpage MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, COMMENT, REMARK, VIEW, OPINION, ADVICE, SUGGESTION OR PROPOSAL OF THE USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE NOR RESPONSIBLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE TERMINATION, SUSPENSION, LIMITATION ON THE USE OF THE USER’S ACCOUNT OR FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS ON THE COMPANY’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ALL LIABILITIES, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE).
You agree to hold harmless and to indemnify and to keep Linkpage, its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Linkpage and Partners”) fully indemnified from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors’ fees, of every kind and nature.
13. MODIFICATION AND TERMINATION OF SERVICES
You agree that Linkpage may in its sole discretion and for any or no reason, suspend, limit the use of or terminate your account or any part thereof. You agree that any suspension, limitation of use or termination of your access to the Services may be without prior notice, and you agree that Linkpage will not be liable nor responsible to you or any third party for such suspension, limitation of use or termination.
You are solely responsible for exporting your Content from the Services from time to time prior to termination of your account for any reason. In the event we suspend, limit the use of or terminate your account, we will not provide you a reasonable opportunity to retrieve your Content.
Upon termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature or expressly stated to survive the termination of these Terms, shall survive the termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. CHANGES TO THE TERMS
15. THIRD-PARTY CONTENT
You may be able to access or use certain third party services, resources, content or information (“Third Party Materials”) through your use of the Services. You acknowledge that you are solely responsible for and assume all risks arising from your access to or use of any such Third Party Materials, and Linkpage disclaims any and all liability(ies) that you may incur or suffer arising from or incidental to or in connection with your access to or use of such Third Party Materials through your use of the Services.
You acknowledge and agree that Linkpage: (a) is not responsible or liable for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability nor responsibility to you or any third party for any harm, risk, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove or monitor Third Party Materials from being accessed through the Services.
Through our Services, we do not imply any endorsement of Third Party Materials or any such third party services.
16. THIRD PARTY SOFTWARE
The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Linkpage under any fiduciary or other obligation, and that we are free to use such feedback without any compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
Additionally, in connection with your use of our Services, you may have the opportunity to leave feedback and make comments about your experience with the other Users with whom you have interacted (“Other Users Reviews”). Linkpage advises you to exercise caution and good judgment when leaving such comments. Once you have submitted your comments via the Site you may not be able to go back and edit your comments, and such comments will be publicly viewable via the Site. You should also be aware that you can be held legally responsible for damages to someone’s reputation if your comments are deemed to be false or defamatory. Linkpage has no obligation to monitor, remove, delete or censor comments that are provided by Users, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Linkpage disclaims any and all liability relating to Other Users Reviews. Notwithstanding the foregoing, Linkpage does reserve the right, in its sole discretion, to remove, delete or censor any Other Users Reviews that it deems to be inconsistent with the online activities that are permitted under these User Terms of Service.
18. CONTACT US
If you have any questions about these Terms or if you wish to make any complaint with respect to the Site or the Services, please contact us at: firstname.lastname@example.org
When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.
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