Terms of Use

Effective Date:April 15, 2024.

Introduction

Please read these Terms of Use ("Terms") carefully before using any of our websites, online services, software or apps provided by 9209-5256 Quebec Inc. DBA LinkNow® Media ("LinkNow® Media", "we", or "us" or "our") that post a link to these Terms (the "Service"). By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit LinkNow® Media's liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms, including our Privacy Policy and our Cookie Policy and any Additional Terms, do not use the Service and uninstall Service downloads and applications.

Additional Terms

In some instances, additional or different terms posted on the Service, such as the Professional Services Terms and Conditions governing your purchase of a LinkNow® Media Package and any services that LinkNow® Media may provide to you in connection therewith, apply to your use of certain parts of the Service (individually and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control.

Updates to these Terms and Additional Terms

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained here.

Quick Links

We have summarized some (but not all) of the main topics of these Terms below. The complete provisions, and not the headings or summaries govern.

Grants and Limitations of Rights

We only grant you a limited revocable license to use the Service subject to rules and limitations. More
You grant us a broad license to the content you submit and to your profile. You retain ownership of and responsibility for your content. We have the right to manage our Service to keep its content appropriate. More
Your use of our Service is subject to various restrictions designed to protect the Service and users. More

Limitations on Your Remedies

As permitted by applicable law,

We also disclaim most warranties and provide the Service "As Is." More
Our liability is greatly limited. More
Your equitable or injunctive relief rights are limited. More

Dispute Resolution

As permitted by law, you agree to arbitrate disputes and waive jury trial and class actions. More

Availability of Service

We may change or discontinue our Service, or your right to access it, in whole or in part. More
Our Service is intended for access from and use in Canada and the U.S.A only. More

OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.
1. Ownership. The Service and all of its content ("Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by LinkNow® Media, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of LinkNow® Media, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. LinkNow® Media owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
2. Your Rights to Use the Service and Content.
  1. LinkNow® Media's Service and Content are intended for use in the trade, i.e., for a sole proprietorship, partnership, limited liability company, corporation, association, or other for-profit legal entity, or non-profit or government entity, and for the United States and Canada only. By using the Service and Content, you understand and agree that such Service and Content are exclusively restricted to use in the trade and are not intended for personal use. As a result, you represent and warrant that you will not use the Service or Content (1) in your capacity as an individual who seeks to acquire goods or services for personal, family, or household purposes, and (2) outside of the United States and/or Canada.
  2. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void.
3. Rights of Others. In using the Service, you must respect the Intellectual Property and rights of others and LinkNow® Media. Your unauthorized use of Content may violate the rights of others and applicable laws and may result in your civil and criminal liability. If you believe that your work has been infringed via the Service, see Section 5 below.
4. Reservation of all Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and content. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY LINKNOW® MEDIA AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is prohibited.
5. Third-Party Services. We are not responsible for third parties or their content, advertisement(s), apps or sites ("Third-Party Services"). For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign into our Services using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services.
CONTENT YOU SUBMIT.
1. User-Generated Content You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Service, or by means other than the Service, including without limitation via our social media pages and accounts such as Facebook, Twitter and LinkedIn) ("Submissions" or "UGC"), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without any obligation to you not required by applicable law, or explicit terms of our Privacy Policy or applicable Additional Terms. As permitted by applicable law, and subject to any explicit terms of our Privacy Policy and applicable Additional Terms, you also irrevocably consent to our use and association of your name and, if part of a Submission, your likeness in connection with your Submissions and derivatives thereof. As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable under applicable law, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your Submissions.
  
  Do not impersonate any other person, user, or company, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in consideration from us with respect to your UGC (e.g., coupons, sweepstakes entries, etc.), you represent you will include disclosure of the receipt of this consideration clearly and conspicuously as part of the UGC and include any other disclosures we may require.
2. Appropriate Content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. We may include venue and content rules as Additional Terms. If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it compliance@linknowmedia.com. For alleged infringements of Intellectual Property rights, see Section 5.
SERVICE AND CONTENT USE RESTRICTIONS.
1. Service Use Restrictions. You agree that you will not: (i) use the Service for any political, personal, or non-commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices); (ii) use any meta tags or any other "hidden text" utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to LinkNow® Media ; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user's access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, LinkNow® Media, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
2. Content Use Restrictions. You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the LinkNow® Media Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of LinkNow® Media or, in the case of content from a licensor, the owner of the content; (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service; (viii) will not to use, adapt, or incorporate any content from the Service for the purpose of training, developing, or enhancing AI models or technology, nor for creating databases for AI or machine learning purposes, without explicit, written permission from LinkNow® Media or relevant content owners; and (ix) you will not use, nor allow any entity engaging in the development, training, or deployment of artificial intelligence technology, the Content for the purpose of training, developing, enhancing, or deploying artificial intelligence models, including LLMs, without the clear, explicit, and written prior consent from LinkNow® Media.
3. Availability of Service and Content. LinkNow® Media, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason, in LinkNow® Media's sole discretion, and without advance notice or liability.
CREATING AN ACCOUNT.
1. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us at compliance@linknowmedia.com of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
2. Accounts may only be set up by an authorized representative of the sole proprietorship, partnership, limited liability company, corporation, association, or other for-profit legal entity, or non-profit that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT.
If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions here.
1. DMCA Notice. LinkNow® Media asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In LinkNow® Media's sole discretion, LinkNow® Media may remove content that may be infringing on another person's intellectual property rights with or without notice to the potential infringer. In accordance with the DMCA and other applicable law, LinkNow® Media has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
2. If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
  1. a legend or subject line that says: "DMCA Copyright Infringement Notice";
  2. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
  4. your full name, address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
  7. your electronic or physical signature.
  LinkNow® Media will only respond to valid DMCA Notices that it receives by mail or email at the addresses below:
  
  By Mail:5601 Paré Street, Suite 210, Montreal, Quebec (Canada) H4P 1P7
  By Email:compliance@linknowmedia.com
  For more information call: 888.667.7186
  
  It is often difficult to determine if your copyright has been infringed. LinkNow® Media may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and LinkNow® Media may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
  
  Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
  
  We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
  
  Without limiting LinkNow® Media's other rights, LinkNow® Media may, in appropriate circumstances, terminate a repeat infringer's access to the Service and any other website owned or operated by LinkNow® Media.
3. Counter-Notification. If access on the Service to a work that you submitted to LinkNow® Media is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
  1. a legend or subject line that says: "DMCA Counter-Notification";
  2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. your full name, address, telephone number, email address, and the username of your Account;
  5. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
  6. your electronic or physical signature.
  Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
  
  If we receive a valid DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
NOTICES, QUESTIONS AND CUSTOMER SERVICE.
If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions here. You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: LinkNow Media, 5106 Paré Street, Suite 210, Montreal Qc H4P 1P7. If you have a question regarding the Service, you may contact LinkNow® Media Customer Support by sending an email to clientadvocate@linknowmedia.com or calling us at 888.667.7186. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.
PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS.
If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions here. We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. As permitted by applicable law, LinkNow® Media shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms, such as the Professional Services Terms and Conditions governing your purchase of a LinkNow® Media Package and any services that LinkNow® Media may provide to you in connection therewith, may apply. You are solely responsible for the content you provide in connection with the Services, including without limitation, ensuring it is complete and accurate and that all claims are substantiated and that the content otherwise complies with all applicable law.
ARBITRATION AND DISPUTE TERMS.

If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions here. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH THEY CAN SEEK RELIEF FROM THE OTHER

The parties irrevocably elect domicile in the city of Ottawa, province of Ontario, Canada for the purpose of these Terms and, subject to the dispute resolution provisions of these Terms, irrevocably agree that the courts of the east judicial region of the province of Ontario, Canada shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms, including, but without limiting the preceding, any issue related to applicable law. Subject to applicable laws, you hereby absolutely, irrevocably and unconditionally waive trial by jury in any litigation, action, claim, suit or proceeding, at law or in equity, arising out of, pertaining to or in any way associated with the covenants, undertakings, representations or warranties set forth herein, the relationships of LinkNow® Media and yourself, these Terms or any other agreement, instrument or document entered into in connection herewith, or any actions or omissions in connection with any of the foregoing (collectively, a "Claim"). Any Claim arising out of the present agreement, any dispute concerning the enforcement thereof, including, but without limitation of the preceding, its cancellation, and any dispute arising from a problem of interpretation of the present agreement shall be exclusively submitted to binding arbitration, at the exclusion of ordinary courts, before a single arbitrator held in Ottawa, Ontario in English. The parties hereto agree that the current provisions of the (Ontario) Arbitration Act, 1991, S.O. 1991, c.17 shall govern any arbitration held under this section. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim, controversy, or dispute of any other party. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates' lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration. Notwithstanding the foregoing, LinkNow® Media reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
1. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY LINKNOW® MEDIA PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY LINKNOW® MEDIA PARTY.
2. Small Claims Matters. Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court.
3. Where applicable, if the provisions relating to applicable law and/or arbitration in the second and third paragraph of this Section 8 are found to be void or otherwise unenforceable, this section 8 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and LinkNow® Media agree that we intend that this Section 8 satisfies the "writing" requirement of the Federal Arbitration Act.
4. This Section 8 can only be amended by mutual agreement. Either party may seek enforcement of this Section 8 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim. The provisions of this Section 8 shall supersede any inconsistent provisions of any prior agreement between the parties, subject to the Professional Services Terms and Conditions governing your purchase of a LinkNow® Media Package and any services that LinkNow® Media may provide to you in connection therewith. This Section 8 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
1. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. To the fullest extent permissible by applicable law, LinkNow® Media and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, representatives, and assigns (collectively, "LinkNow® Media Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, LinkNow® Media Licensed Elements, UGC or other LinkNow® Media products or services, except as set forth in subsection C, below.
2. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, LINKNOW® MEDIA PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
LIMITATIONS OF OUR LIABILITY.
1. AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY LINKNOW® MEDIA PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, goodwill, use, data or other intangible losses, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, LinkNow® Media Licensed Elements, UGC or other LinkNow® Media products or services, except, to the extent not waivable under applicable law.
2. The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if LinkNow® Media Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Service).
3. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LINKNOW® MEDIA PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID LINKNOW® MEDIA IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
4. LINKNOW® MEDIA HAS ENTERED INTO THIS AGREEMENT AND HAS AND WILL MAKE THE SERVICES AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE USE OF THE SERVICES, AND THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS WILL SURVICE THEIR TERMINATION.
UPDATES TO TERMS.
It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective as to new use and/or transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Service.
GENERAL PROVISIONS.
1. LinkNow® Media's Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants LinkNow® Media a right of consent or approval or permits LinkNow® Media to exercise a right in its "sole discretion," LinkNow® Media may exercise that right in its sole and absolute discretion. No LinkNow® Media consent or approval may be deemed to have been granted by LinkNow® Media without being in writing and signed by an officer of LinkNow® Media.
2. Indemnity. To the full extend not prohibited by applicable law, you agree to, and you hereby, defend (if requested by LinkNow® Media), indemnify, and hold LinkNow® Media Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any LinkNow® Media Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) LinkNow® Media Parties' use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by LinkNow® Media Parties, in the defense of any Claim and Losses. Notwithstanding the foregoing, LinkNow® Media Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. LinkNow® Media Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a LinkNow® Media Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
3. Operation of Service; Availability of Products and Services; International Issues. LinkNow® Media controls and operates the Service from and solely for Canada and the U.S.A., and makes no representation that the Service is appropriate or available for use beyond Canada and the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
4. Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
5. Electronic Records and Communications. You understand and agree that LinkNow® Media may communicate with you electronically and provide you with contractual documents, notices, disclosures, information, and other materials in electronic form (collectively "Electronic Records"), instead of paper form in accordance with The Electronic Signatures in Global and National Commerce Act. This consent to receive Electronic Records applies to all contractual documents, notices, disclosures, documents, records or other materials of any kind that LinkNow® Media may be required to or wish to provide to you. Electronic Records will be provided on our website, through our services or sent to the email address associated with your LinkNow® Media account (you may change the email address associated with your LinkNow® Media account by going to the Members Area page at https://linknowmembers.com). You may wish to print out the Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us by writing to us at LinkNow® Media Customer Care, Attn: Electronic Records, 5601 Paré Street, Suite 210, Montreal, QC, Canada, H4P1P7.
6. Severability; Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
7. Additional Data Privacy and Consent Disclosure. LinkNow® Media collects personal information for specific purposes, such as providing and improving our services, ensuring secure and efficient operation of our platforms, and meeting legal obligations. We clearly disclose in our Privacy Policy the means of collection and the specific purposes for which your personal information is used, including as follows:
  1. Third-Party Information Sharing: Where applicable, we disclose the name of any third party for whom the collection is made, along with the categories of service providers who may access your personal information;
  2. International Data Transfer: We inform you that, due to the inherent nature of our operations across the United States of American and Canada, your personal information may be transferred outside of the province of Quebec, but in ways that ensure compliance with local laws and regulations and safeguarding your privacy;
  3. Right of Access and Control: You have the right to access, rectify, or withdraw your consent regarding your personal information. Detailed policies governing personal information, including your rights and the process for exercising them, are available in our Privacy Policy;
  4. Biometric Technologies and Profiling: We will inform you prior to using any biometric technologies or profiling practices, including details on their activation and purpose.
  If you have concerns about how we handle your personal information, you can reach out to our Privacy Officer Wesley Mendelovitch, President at president@linknowmedia.com
8. Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, LinkNow® Media reserves the right, without limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by LinkNow® Media in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by LinkNow® Media to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to LinkNow® Media under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from LinkNow® Media, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to LinkNow® Media, in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration. LinkNow® Media is committed to providing its clients with high-quality service and support. However, LinkNow® Media will not tolerate abusive or disrespectful behavior toward its staff. If you or one of your employees, executives, officers, agents or otherwise representatives engage in abusive language, threats, or other inappropriate behavior toward LinkNow® Media 's staff, LinkNow® Media reserves the right to terminate your account and access to its services immediately, without notice. In the event of such a termination, if your account is paid up-to-date and otherwise in good standing, LinkNow® Media will, within ten (10) business days, release your domain, website files and provide you with instructions on how to migrate your account to another provider. LinkNow® Media will continue to host your website and email for up to thirty (30) days before terminating hosting and access. No refunds will be issued for past services. It is your responsibility in such an event to communicate with LinkNow® Media and respond to all communications sent to you by LinkNow® Media to insure your migration.
9. Assignment. LinkNow® Media may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of LinkNow® Media.
10. Complete Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or LinkNow® Media in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
11. English Only. The parties to these Terms of Use hereby confirm their express wish that these Terms of Use, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with these Terms of Use be in the English language only and declare themselves satisfied with this; Les parties aux présentes conditions générales par les présentes confirment leur volonté expresse que ces termes, ainsi que tous les autres documents concernant, y compris mais non limité à tous les confirmations, les avis, les dispenses, consent et autres communications entre les parties dans le cadre de ces termes être en langue anglaise seulement et se déclarent satisfaits de cela.

Instructions for DMCA

If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify content or material posted on the Service that is infringing that you would like removed from our Service, please follow the steps below:

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by your notice, provide a representative list of such works.
Identify the content or material on our Service that you claim is infringing and provide enough information for us to locate the material, such as a URL or other specific location.
Provide your contact information, including your name, address, telephone number, and email address.
Include a statement that you have a good faith belief that the use of the content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Include a statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sign the notice with a physical or electronic signature.

If you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, please follow the steps below:

Identify the content or material that has been removed and provide enough information for us to locate the material, such as a URL or other specific location.
Provide your contact information, including your name, address, telephone number, and email address.
Include a statement under penalty of perjury that you have a good faith belief that the content or material was removed because of mistake or misidentification.
Include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you reside (or in which our Service is located if your residence is outside the United States).
Include a statement that you will accept service of process from the person who provided the DMCA notice or an agent of such person.
Sign the counter-notice with a physical or electronic signature.

Please send all DMCA notices and counter-notices to compliance@linknowmedia.com. Note that we may forward DMCA notices and counter-notices (including any personal information contained therein) to the parties involved in the dispute or to third-party service providers as required by law or necessary to resolve the dispute.

Terms of Use

Introduction

Additional Terms

Updates to these Terms and Additional Terms

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