Last Updated: October 1st, 2023
Welcome to LNLink. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services").These Terms of Use (the "Terms") are a binding contract between you and LNLink, Itd. ("LNLink," "we" and "us"). You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. You refers to the person accessing or using the Services, or, if the Services is being used on behalf of an organization, such as an employer, "you" means such organization. These Terms include the provisions in this document, as well as those in the Privacy Policy.These Terms are subject to revision. You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our platform. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. We encourage you to periodically review these Terms to be informed with respect to your and LNLink’s rights and obligations with respect to the Services.PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND ANY OTHER POSTED GUIDELINES OR RULES APPLICABLE TO THE SERVICES OR ANY PORTION OF THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. YOU ALSO AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS (WE DON'T USE PAPER) IN ORDER TO ENTER INTO THIS AGREEMENT AND TO THE ELECTRONIC DELIVERY OF NOTICES AS DESCRIBED BELOW.
1. REGISTRATION; PRIVACY POLICY.
These Terms apply to your use of the Services("Use"). When you register, we will ask for your name, email address and other related information and assuming we do not find the information you provide to be of concern, we will create an account (“ Account”) for you. By using the Services, you agree to the terms and conditions of, and acknowledge receipt of, the Privacy Policy.If you plan to use the Services for, on behalf of, or in connection with any of your work or responsibilities for any Institution, please contact your Institution to verify whether it has purchased any of the Services. When such Institution enters into an Enterprise Agreement for the Services, you acknowledge and agree that your Institution may request LNLink to transfer any of your accounts using an email address associated with such Institution to such Institution, in which event your use of the Services will be governed by the applicable Enterprise Agreement, and such Enterprise Agreement will supersede these Terms.When using either Personal Account or Institutional Account, you represent and warrant that (i) you (and your licensors) have all right, title and interest (including, without limitation, sole ownership of) all of your User Submissions and the intellectual property rights with respect thereto, (ii) you have all the necessary rights, consents, and approvals to grant LNLink the right and license to provide the Services to you or to use your User Submissions as otherwise permitted under these Terms. You, and not LNLink, have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your User Submissions. You agree that you will not (and will not permit others to) violate any agreement with or rights of any third party (including your current and former Institutions) or, use or disclose at any time any third party’s confidential information or intellectual property in connection with your use of the Services. If LNLink receives any notice or claim that any of your User Submissions, or activities hereunder with respect to any User Submission, may infringe or violate rights of a third party (a “Claim”), LNLink may (but is not required to) suspend activity hereunder with respect to such User Submission and you shall indemnify LNLink from all liability, damages, settlements, attorney fees and other costs and expenses in connection with any such Claim, as incurred.You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your LNLink Username a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.You will not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account.
2. OWNERSHIP; FEEDBACK; YOUR CONTENT.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You understand and acknowledge that the Services and the information, materials, tools, libraries, software development kits, software code and associated documentation made available through the Services (collectively, the "LNLink Property") are: (i) subject to other intellectual property and proprietary rights and laws; and (ii) owned by us. Except as expressly provided in our documentation, LNLink Property may not be copied, modified, reproduced, republished, displayed posted, transmitted, sold, offered for sale, or redistributed in any way, and you may not make any derivative works of LNLink Property, without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the LNLink Property. Certain of the names, logos, slogans and other materials displayed on LNLink’s platform constitute trademarks, tradenames, service marks or logos ("Marks") of LNLink or other entities. You are not authorized to use any such Marks without our written consent. Ownership of all such Marks and the goodwill associated with them remains with us or those other entities.
3. GENERAL RULES OF CONDUCT.
You agree you will not:Use, reproduce, duplicate, copy, sell, resell or exploit any portion of the LNLink Property, for any purpose other than that for which the LNLink Property is being provided to you and subject to any applicable licenses;Conduct or promote any illegal activities while using the Services;Attempt to reverse engineer or jeopardize the correct functioning of the LNLink Property, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the LNLink Property;Attempt to gain access to secured portions of the Services to which you do not possess access rights;Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;Use the Services to stalk, harass or harm another individual; use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation, robots, spiders or scripts);Interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;Use any robot, spider, other automatic device, or manual process to extract, "screen scrape", "monitor", "mine", or copy any static or dynamic web page on the Services, or any content contained on any such web page for commercial use without our prior express written permission;Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; orMirror or frame the Services or any content made available through the Services, place pop-up windows over its pages, or otherwise affect the display of the Services pages.
4. MODIFICATIONS; TERMINATION.
We reserve the right to modify the Services from time to time, including without limitation modifying the information, materials, software development kits and software code made available through the Services, if any. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY MODIFICATIONS TO THE SERVICES OR FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.
5. USER DATA.
Anything you upload or provide through the Services is your "User Submission." Some User Submissions are viewable by other users in your organization. In order to display your User Submissions on the Services, you grant us certain rights in those User Submissions. Please note that all of the following rights are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.We reserve the right to display your uploads to other members of your organization. Every organization will consist of admin accounts who oversee their organization’s usage of the Services and have control over certain aspects of this usage. Admin accounts have control over the data of the members of their organizations and over the access to the platform of individual user accounts within this organization. Data uploaded by members of a particular organization will not be shared or accessible to members of other organizations. Members of a particular organization take responsibility for the data they upload via the Services and LNLink disclaims any responsibility for individual users’ uploads and handling of organizational data.
6. THIRD PARTY SERVICES, CONTENT AND OTHER WEBSITES.
The Services may contain links to websites, content and services not operated by us. Your use of such websites, content and services is subject solely to the terms of the agreements between you and such third parties.In all cases, LNLink is not responsible for the accuracy, legality, currency, suitability or quality of services, content, products, materials, or practices (including privacy practices) of such third parties. We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH THE WEBSITES, CONTENT, MATERIALS OR PRACTICES OF ANY THIRD PARTY.
7. DISCLAIMER OF WARRANTIES.
THE SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY LNLINK "WITH ALL FAULTS" AND ON AN "AS IS" AND "AS AVAILABLE"; BASIS. We make no representation as to the completeness, accuracy, legality, reliability, operability, or availability of any information on the Services, and we undertake no obligation to update or revise the information contained on the Services, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in the Services before relying upon it.ACCORDINGLY, LNLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SERVICES OR OUR CONTENT INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE SERVICES, AND WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services, or that defects in the Services will be corrected.LNLink disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Lnlink disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material, including, without limitation, for harm caused by malicious code or similar contamination or destructive features. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms.Some jurisdictions do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from country to country. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
8. LIMITATION OF LIABILITY.
You acknowledge and agree that we are only willing to provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the maximum extent permitted under applicable law, in no event will we or our officers, employees, or directors be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions arising out of or related to the services, however caused, whether arising under statute, contract, tort (including negligence) or under any other theory of liability, whether or not the party has been advised of the possibility of such damage or whether such damage was foreseeable or in the contemplation of the parties.Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from inability to use the Services, or from the interruption, suspension, or termination of the Services (including such damages incurred by third parties).Such limitation shall also apply with respect to damages incurred by reason of other services through any links provided in the Services, as well as by reason of any information or advice received through any links provided in the Services. We will not be liable for any damages arising from the transactions between you and third parties or for any information appearing on third party sites or any other websites linked to our site. You specifically acknowledge that LNLink is not liable for the defamatory, offensive, infringing, harmful, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you.
9. PAYMENTS, PRICING, INVOICE POLICY.
LNLink charges organizations for their usage of the Services by monthly invoices. The invoices will be calculated based on the organization’s collective usage (the data uploaded, stored, and processed by all accounts linked to the particular organization). Information about pricing can be found in the settings section of the admin accounts or in the Enterprise Agreement, if any. Admin accounts can track and monitor the monthly usage of their organization and the respective payments due at the end of the organization’s monthly period.Admin users will be notified of any newly issued invoices via email. Your organization is responsible to pay the amount owed within 14 days after the issuance of the respective invoice. We reserve the right to pursue any legal means to obtain restitution on invoices not paid in the aforementioned timely manner.LNLink reserves the right to change its pricing at any time. You shall pay all applicable fees, as invoiced by LNLink pursuant to these Terms or a separate written agreement entered into between you and LNLink.
10. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless LNLink, our officers, directors, and other partners, employees, consultants and agents, from and against any and all claims, suits, proceedings, investigations, allegations, demands, damages, costs, expenses, amounts agreed to in settlement, losses and any and all other liabilities (including reasonable attorneys’ fees and court costs) arising out of or resulting from: (i) your use of the Services and your use of any information, materials, software development kits, or software downloaded or obtained from the Services; (ii) a violation of these Terms; (iii) a violation of any rights of any other person or entity; (iv) your registration; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you.
11. GOVERNING LAW; ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER; FORUM SELECTION CLAUSE.
These Terms and the relationship between you and LNLink shall be governed by the laws of the United Kingdom, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. You agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom for the adjudication of any and all claims arising out of your use of the Services and your relationship with LNLink, and you waive any objection thereto.You and LNLink must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR LNLINK MUST BE BROUGHT IN THE PARTIE’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, LNLink will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) LNLink also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
12. ELECTRONIC COMMUNICATIONS.
You consent to our giving you Communications (defined below) electronically. This Section 11 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive Communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-savable rights. You may also receive a copy of these Terms by accessing the Services. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
13. GENERAL TERMS.
You are responsible for compliance with all applicable laws. These Terms are personal to you, and you may not transfer, assign or delegate your rights and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms, shown in boldface type, are included only to help make these Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. Where LNLink has provided you with a translation of the English language version of the Terms, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions will govern.
14. GUARANTEES.
All Biological data, images and information uploaded to the LNLink platform will be treated as Confidential Information to preserve and protect valuable proprietary and trade secret information. Provided, however, that the term “Confidential Information” shall not include any information which: (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party; (b) is in the possession of the Recipient or is already known to the Recipient or is independently developed by the Recipient as evidenced by its written records; (c) becomes publicly available without breach of this ‘Terms of Use’ by the Recipient or its Representatives; or (d) is rightfully received by the Recipient from a third party not subject to a confidentiality obligation.
15. CONTACTING US; NOTICE.
If you have any questions or concerns about our Services, your registration, or anything else, please click on the Contact Us page on LNLink’s website, or send an e-mail to support@lnlink.net. We may give notice to you by email, a posting on LNLink’s website, or other reasonable means.