Link in Profile Terms of Service

updated: September 11, 2015

We are so excited for you to use Link in Profile to unlock the potential from your Instagram account. In order for us to better serve you, and your followers, we ask that you carefully review these terms of service, which we will now abbreviate as "Terms" to save typing. These Terms will govern your use of Link in Profile.

Do you have Questions or Comments?

We strive to serve you in every way. If you have any questions on these Terms, please do not hesitate to contact us at legal@linkinprofile.com.

The Privacy & Security of Your Data

The privacy and security of your data in Link in Profile is of paramount concern to us. Please review our Privacy Policy in addition to these Terms.

You Agree to be Bound to these Terms

By using Link in Profile you agree to be bound by these Terms, and use Link in Profile only within these Terms. You may only use Link in Profile if you have the ability to form a contract with us, and are not prohibited from entering into a contract with us by any applicable laws. Link in Profile is not intended for use by you if you are under 13 years of age, sorry! By agreeing to these Terms, you are representing to us that you are over 13.

Your Responsibilities as a Link in Profile User

You must use Link in Profile in a way that is acceptable to Link in Profile and its other users. For example, you must not use Link in Profile to:

probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas or parts of Link in Profile, or shared areas of Link in Profile you haven't been invited to;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of Link in Profile;
access, search, or create accounts for Link in Profile by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
promote or advertise products or services other than your own without appropriate authorization;
sell Link in Profile unless specifically authorized to do so;
link content that is unlawfully pornographic or indecent, or that contain extreme acts of violence;
advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
upload, link or share any files unless you have the right to do so;
violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
violate the privacy or infringe the rights of others.

You, not us, will be fully responsible and liable for what you do in violation of this list. When in doubt, just don't do it, ok?

Link in Profile Account Passwords and Security

You are an important part of securing the data in your Link in Profile account. We do everything necessary to protect your data on our servers, on your devices and everywhere in between. It is up to you to protect your devices.

Intellectual Property Rights

Link in Profile honors the rights of others with respect to their intellectual property rights. We will respond to any properly submitted notices complying with applicable laws. Please submit an alleged copyright infringement notice by completing the following DMCA Notice of Alleged Infringement and send it to us:

DMCA Notice of Alleged Infringement ("Notice")

Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to:

ATTN: Copyright Agent PO BOX 2194 Danville, CA 94526 legal@linkinprofile.com

Link in Profile is protected by common intellectual property rights, including copyright, trademark, and other laws of the United States. These Terms do not grant you any rights to use Link in Profile trademarks, logos, domain names, or other brand features.

Link in Profile may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and you agree that you will not use such proprietary content, information or materials in any way whatsoever except for the permitted use within Link in Profile. No portion of Link in Profile may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Link in Profile, in any manner, and you shall not exploit Link in Profile or third party intellectual property in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree that we and any third party provider is not in any way responsible for any such use by you outside of your responsibilities listed above and any actions of others that you may see as a result of using Link in Profile outside of those responsibilities.

Link in Profile is Available "AS-IS"

We intend for Link in Profile to create tremendous value for you. Despite our intentions, there are things that we cannot promise. For example, we cannot provide you any warranties in Link in Profile. As such, we highlight the following: LINK IN PROFILE AND ANY SOFTWARE ARE PROVIDED "AS-IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We assume no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Link in Profile. Note that some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Termination of these Terms

We really appreciate you as a Link in Profile User, but if you must go and would like to stop using Link in Profile, you may.

We will reserve the right to suspend or end Link in Profile at any time. In the event that you do not comply with these Terms, or use Link in Profile in a way that could cause us legal liability, or disrupt others' use of Link in Profile, we may suspend your use of Link in Profile. However, if you repeatedly and/or flagrantly violate these Terms, or pose a threat to other users, we will terminate your access to the Link in Profile immediately, without notice, and not grant you access to export your data.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL OUR LIABILITY FOR DAMAGES TO YOU OR ANY THIRD PARTIES EXCEED, IN THE AGGREGATE, THE FEES PAID BY YOU TO US DURING THE ONE (1) MONTHS PRIOR TO THE DATE SUCH CAUSE OF ACTION ARISES. YOU ACKNOWLEDGE THAT THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE REASONABLE AND THAT THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN US, OUR AFFILIATES AND YOU, AND THAT THE PARTIES HAVE RELIED UPON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. THE REMEDIES PROVIDED TO YOU IN THIS AGREEMENT ARE EXCLUSIVE. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Modifications to these Terms

We may revise these Terms from time to time and the most current version will always be posted on our website. We will do our best to notify you in advance in the event any of these Terms change. We'll announce changes here at our site, and we also may also notify you by sending an email. By continuing to access or use Link in Profile after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using Link in Profile.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR LINK IN PROFILE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and us with respect to Link in Profile, and supersede and replace any other agreements, terms and conditions applicable to Link in Profile. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with Link in Profile. Link in Profile and you are not legal partners or agents; our relationship is that of independent contractors.