Terms of Use

Last Updated: Feb. 8, 2010

By using the services on the Linnku web site ("web site","site" or linnku.com and any subdomain thereof), you are agreeing to the following terms and conditions.


While using Linnku, you will not:

  1. use our site, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
  2. post content or take any action on Linnku that infringes or violates someone else's rights or otherwise violates the law;
  3. interfere with other users’ listings;
  4. post false, inaccurate, obscene, misleading, defamatory, or libelous content (including personal information);
  5. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  6. distribute viruses or any other technologies that may harm Linnku, or the interests or property of Linnku users;
  7. interfere or attempt to interfere with the proper working of the site or any activities conducted on the site;
  8. attempt to probe, scan or test the vulnerability of the site or network or to breach security or authentication measures without proper authorization;
  9. send unsolicited e-mail, including promotions and/or advertising of products or services to Linnku users
  10. access data not intended for you or logging into a server or account which you are not authorized to access;
  11. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the site without the prior expressed written permission of ThinkLab LLC and the appropriate third party, as applicable;
  12. copy, modify, or distribute rights or content from the ThinkLab sites, service, or tools or ThinkLab’s copyrights and trademarks; or
  13. harvest or otherwise collect information about users, including email addresses, without their consent.

Feedback

  1. We always appreciate your feedback or other suggestions about Linnku, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Disputes

  1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Linnku exclusively in a state or federal court located in Orange County, California. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Orange County, California for the purpose of litigating all such claims.
  2. If anyone brings a claim against us related to your actions, content or information on Linnku, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Limitation of Liability

  1. You will not hold ThinkLab responsible for other users’ content, actions, or inactions, or information they post on Linnku. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
  2. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.
  3. WE TRY TO KEEP LINNKU UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING LINNKU "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT LINNKU WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR LINNKU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR LINNKU WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LINNKU'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Abuse

  1. Without notice to the individual, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Linnku services or tools.
  2. We can remove any content or information you post on Linnku if we believe that it violates this Statement.

Modifications to Terms and Sites

  1. You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Sites. Your continued use of the Sites following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Sites (or any part thereof) without notice.

Definitions

  1. By "Linnku" we mean the features and services we make available, including through (a) our website at www.linnku.com and any other Linnku branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions);
  2. By "ThinkLab," "us," "we" and "our" we mean ThinkLab LLC