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Terms of Use

Terms of Use

If you sign up to become a User of The Daily LINQ you agree to the following…

You understand and agree that you cannot share any details with anyone else, and you need to understand and agree that while we are confident that The Daily LINQ works for retweeting with Twitter, the system could experience temporary outages, or errors.

As of January 1, 2018, The Daily LINQ will retweet your Facebook Threads using intervals of five minutes or more, based on your choice.

There are no options to do all at once blasts of retweets.

Once you upload your thread links and click start, after a 90 second time delay you will see a Current Job Status report on the screen of the application.

You can double check your Twitter account as well to verify that the retweets are in fact working.

The Daily LINQ (“Company”) issues these terms and conditions which govern the use of The Daily LINQ application (“The Daily LINQ”). By using The Daily LINQ, you (“User” or “You”) expressly agree to be bound, without modification, to this Terms and Conditions Agreement (“Agreement”). If you do not agree to be bound to this Agreement, you cannot use The Daily LINQ.

The Daily LINQ (“Company”) reserves the right to change this Agreement at any time, at its sole discretion. If Company makes any changes, it will notify Users at the email address provided by each User when the User signed up to use The Daily LINQ, and it will post any such changes here, within this agreement. You are responsible for reviewing any such amendments. Your continued use of The Daily LINQ after posting of an amended Agreement constitutes your acceptance of any such modified terms.

This Agreement was last modified on January 25, 2018.

Services

As long as User has a Paid Subscription to The Daily LINQ, subject to the terms and conditions of this Agreement, User shall have access to use The Daily LINQ for the valid dates of User’s Paid Subscription. From time to time, Company may change, modify, or upgrade the functionality or appearance of The Daily LINQ, which may include the removal of functionality, content, or integrations. Understand that The Daily LINQ will be down and unavailable at certain points for maintenance and upgrades. Therefore, Company does not, and cannot, guarantee that User will have continual access to The Daily LINQ, or that any particular content will be distributed to the Social Media Platforms. At times there may be a server outage or a Social Media Platform outage that is beyond our control. Company does not and cannot guarantee 100% access to The Daily LINQ, or that The Daily LINQ will have 100% access to any Social Media Platforms. As a User of The Daily LINQ you understand and agree that it is your sole responsibility to ensure that your connections between The Daily LINQ and any Social Media Platforms are working and that your content is being distributed to the Social Media Platforms.

Maintenance and Upgrades

At certain points The Daily LINQ may be unavailable to Users so that maintenance and upgrades can be applied to The Daily LINQ website. Users will be notified prior to a scheduled outage, and will continue to receive status updates.

Prices

From time to time, Company may change, modify, increase or decrease, their prices. User will be notified in advance, via the email address that they provided to us, when signing up and creating their account on The Daily LINQ.

License

Subject to the terms and conditions of this Agreement, Company grants User a non-transferable, non-assignable, limited, non-exclusive, revocable license to use The Daily LINQ only as permitted in this Agreement, for the term of User’s Paid Subscription. The password and login information that is assigned to User must be kept confidential, may only be used by User personally, and may not be shared, given, rented, or assigned to any other persons.

Company’s Intellectual Property

The Daily LINQ is the property of Company, and contains information and data which is protected by copyright, trademark, trade secret, and other such intellectual property laws. User agrees to abide by all copyright notices and trademark restrictions.

User’s Intellectual Property

User retains all intellectual property rights, including copyrights, over user’s content posted to Social Media Platforms using The Daily LINQ (“User Content”). You grant Company a non-exclusive, non-transferable (except as stated in this Agreement), world-wide, non-sublicensable, limited license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index User Content for the purpose of your use of The Daily LINQ and The Daily LINQ’s integration with the Social Media Platforms.

User Restrictions

User may not and may not allow others to: (a) sell, rent, lease, license, sub-license, or assign use of The Daily LINQ to others; (b) reverse engineer, decompile, disassemble, or otherwise derive the source code from The Daily LINQ; (c) alter, modify, adapt, reconfigure, or prepare derivative works of The Daily LINQ; (d) copy, extract, summarize, distribute, or otherwise use The Daily LINQ in any manner which competes with or substitutes for Company’s distribution of The Daily LINQ to its customers; (e) use The Daily LINQ to violate the CAN-SPAM Act or the laws of any applicable jurisdiction; (f) use The Daily LINQ to abuse, defame, harass, threaten, or post illegal content; (g) use The Daily LINQ to transmit a virus, Trojan horse, worm, hack, or any harmful content; (h) use The Daily LINQ to gain unauthorized access to The Daily LINQ or any Social Media Platform; or (i) use The Daily LINQ to post content that infringes upon the copyright, trademark, trade secret, publicity rights, trademarks, or other intellectual property interests of any other person or property. User will promptly notify Company if User’s account on The Daily LINQ has been subject to a security breach, including disclosure of your username or password, or if User has had a security breach to any of User’s integrated Social Media Platform accounts.

Termination

All Users understand that if caught in violation of the Terms of Use, The Daily LINQ may disable your User Account at its sole discretion without notice or explanation to you. Payments are not refundable.

Payments

Monthly subscriptions may be paid via PayPal using a credit card or PayPal account, as specified in your User account. Overdue amounts, including bounced payments or charge backs, will be assessed a late payment charge at a monthly rate of 10% or the maximum provided by law, whichever is less. Company shall have the right to recover expenses including collection costs and reasonable attorney’s fees incurred in collecting overdue amounts.

Payments will be charged on the day you sign up for an account and will cover the use of that service for a monthly period as indicated. Payments are not refundable.

Renewals, Refunds, and Cancellation

Subscriptions automatically renew each month, and you agree that Company may process your PayPal or credit card payment on your renewal date. You may elect to cancel your subscription at any time. Any cancellations will not be eligible for a refund.

Disclaimer and Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, COMPANY DOES NOT MAKE ANY WARRANTY REGARDING THE DAILY LINQ, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, AND/OR THE DOCUMENTATION, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE DAILY LINQ, INCLUDING INTEGRATION WITH SOCIAL MEDIA PLATFORMS. THE DAILY LINQ IS LICENSED TO USER “AS-IS” AND “AS-AVAILABLE,” WITHOUT ANY WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, AND BOTH COMPANY AND THE DAILY LINQ EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE MATERIALS, SOFTWARE, CONTENT, SUPPORT, DOCUMENTATION, INFORMATION, PRODUCTS, OR SERVICES WHICH ARE PART OF THE DAILY LINQ; (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT, AND (C) ANY WARRANTY THAT THE DAILY LINQ WILL ALWAYS BE AVAILABLE, ERROR-FREE, ACCESSIBLE, TIMELY, OR SECURE. COMPANY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR USER CONTENT OR THE BEHAVIOR OF SOCIAL MEDIA PLATFORMS. IN NO EVENT WILL COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO USER FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE DAILY LINQ, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, THE DOCUMENTATION, OR ANY ERRORS OR OMISSIONS IN THE DAILY LINQ OR THE INTEGRATION WITH SOCIAL MEDIA PLATFORMS, EVEN IF COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, HACKING, TAMPERING, UNAUTHORIZED USE, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF THE DAILY LINQ OR SOCIAL MEDIA PLATFORMS, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, DATA LOSS OR CORRUPTION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE DAILY LINQ OR SOCIAL MEDIA PLATFORMS, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO COMPANY BY OR ON BEHALF OF USER IN CONNECTION WITH THE DAILY LINQ IN THE THREE (3) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE DAILY LINQ, INCLUDING BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, AND/OR THE DOCUMENTATION. USER ACKNOWLEDGES THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT USER’S SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW FOR SOME OF THE LIMITATIONS OR EXCLUSIONS AS SET FORTH HEREIN. USER MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Arbitration

It is expressly agreed by User and Company that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration. It is further agreed that a judgment upon any award rendered by an arbitrator may be entered in any court having competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

No Assignment

The licenses and passwords granted and assigned to User pursuant to this Agreement are personal to User, and under no circumstances may be assigned, sublicensed, or transferred by User without Company’s prior written consent. Any attempted assignment, sublicense, or transfer shall be null and void and shall result in the immediate and automatic termination of the licenses and passwords granted under this Agreement. Company may assign any rights or obligations under this Agreement to any other party, without notice to you.

Warranty and Indemnification

User represents and warrants that it will not use The Daily LINQ to post content that infringes upon the copyright, trademark, trade secret, publicity rights, trademarks, or other intellectual property interests of any other person or property, or to post content that is in violation of any laws or regulations of any applicable jurisdictions. User agrees to indemnify Company, its affiliates, directors, officers, employees, and agents against all claims and damages arising out of the breach or alleged breach of any representations, warranties, or agreements made by User under this Agreement and User’s use of The Daily LINQ.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.

No Joint Venture

The parties are not engaged in a partnership or joint venture. Nothing in this agreement shall be construed to place the parties in a partnership or joint venture. The parties are not authorized to obligate or bind each other, and are not agents of each other.

Waiver

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder.

Section Headings

The section headings of these Terms are for convenience of reference only and shall not be deemed to alter or affect any provision hereof.

Notices

You agree that Company may provide notice to you under this Agreement via the email you provided in your User account, or by placing a banner across the web pages of The Daily LINQ application. You agree that you are liable and responsible to keep your account information accurate and up to date.

Force Majeure

Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event the non-performing party shall be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them or any of their affiliates, with respect to the subject matter contained herein. This Agreement may not be modified or altered except by written instrument executed by a corporate officer of Company.

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