LynkU Terms and Conditions

Welcome to the Terms of Service for www.lynku.com and our partners' white label shops powered by LynkU ("Partners"). The services available at www.lynku.com and our Partners are provided by LynkU Limited, 50 Lilyville Road, Fulham, London, SW6 5DW with registered company number 05643274 and VAT no. 906364623 ("LynkU", "we", "us" or "our"), located in London, UK.

It is important that you read these terms carefully. The Terms of Service describe the terms and conditions applicable to your use of our services, for both users and merchants, available under the domain at http://www.lynku.com (the "Site") and our Partners, collectively called the "Sites". Amongst other things, they exclude or restrict our liability for loss or damage arising from your use of the Sites.

By accessing and using the content of the Sites you agree to be bound by the terms and conditions set out herein and you accept our Privacy Policy. If you do not agree to be bound by the Terms of Service, you should not use the Sites and should leave immediately.

Copyright

All intellectual property of LynkU such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Sites remain the property of LynkU.

By using the Sites you agree to respect the intellectual property of LynkU and will refrain from copying, downloading, transmitting, reproducing, or exploiting for commercial purpose any material contained within the Sites.

Users of the services of LynkU and its Partners can import images to use in compiling collages of products know as “Lookbooks”. By uploading an image the user certifies that he/she own the image copyright and/or that there is no breach in copyright by using it. Should you find your copyrighted images on LynkU.com or its partner shopping websites and don't want them there, please let us know immediately and we will take them down within one business day.  Copyright owners can submit a takedown requests directly by emailing info@lynku.com.

Using the Sites

You agree that you shall not use the Sites for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Sites in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Sites. You also agree not to compromise the security of the Sites or attempt to gain access to secured areas or sensitive information.

You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of LynkU and the appropriate third party, as applicable; (iii) or interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites. We do not authorise you to extract or re-utilise parts of our Sites, or to make systematic and repeated extractions or re-utilisations of parts of our Sites.

User verification on the Internet is difficult, hence LynkU cannot and does not confirm the purported identity of users or the validity of the information which users post to the Sites.

Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Sites.

You must choose a password on completion of registration. You are responsible for all actions taken under that password and shall only use or utilise the Sites using your own password. You must use every effort to keep your password safe and should not disclose it and not permit, either directly or indirectly, any other person to utilise your password.

All contracts and transactions for goods or services will be made directly between the user and the relevant merchant.  This will mean that there will be separate terms and conditions governing the contract as each merchant will have its own terms and conditions relating to the supply of those goods or services.  All users must ensure that they have read the relevant merchant's terms and conditions before completing a transaction and by placing an order for goods or services from a merchant, users will be deemed to have accepted that merchant’s terms and conditions.  LynkU and Partners are not responsible for providing any goods or services ordered by users.
The merchants’ websites will each have their own delivery options and refund policies.  Please familiarise yourself with these terms before completing a purchase.  

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LynkU.com: You may unsubscribe from the email newsletter at any time by clicking on the unsubscribe link in the footer of the email.

Your Information

The definition of "Your Information" is defined as any information you provide to us or other users in relation to the LynkU service including registration, listing promoted items or feedback process (including, without limitation, any description of items or promotions listed) and any other content that you post within the Sites. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.

Your conduct

Your Information and your activities on our Sites must not:

a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, offensive, discriminatory, scandalous, or in breach of copyright, confidence, privacy or any other rights or which might cause annoyance or inconvenience;
c. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen items;
e. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
f. be obscene, indecent, pornographic or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under the Terms of Service; (bb) or you do not have a right to link to or include;
i. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
j. cause the Sites to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Sites is in any way impaired.

Material submitted by you

To enable LynkU to use Your Information, during the period you are registered with LynkU you grant us a non-exclusive, world-wide, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known.

LynkU reserves the right to reject the posting, modification and/or removal of any content at LynkU's discretion without any advance notice to the individual or business entity submitting and/or viewing the content in question. Publication of any content you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication. LynkU may not be held accountable for any harm, injury, misrepresentation and/or loss of monies resulting from such actions, whether intentional or unintentional. It is the merchants’ responsibility to protect you from unsafe items listed for sale on our Sites.

User Uploads

LynkU and its Partners permit the submission of photo or other content submitted by you and other users ("User Uploads") and the hosting, sharing, and/or publishing of such User Uploads. LynkU and its Partners do not guarantee any confidentiality with respect to any submissions.

You understand that you shall be solely responsible for your own User Uploads and the consequences of posting or publishing them. In connection with User Uploads, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorise LynkU and its Partners to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Uploads to enable inclusion and use of the User Uploads by the websites.

You understand that User Uploads, and any collages of products know as "Lookbooks" that you create can be made available to the public.  With respect to User Uploads or content you make available for public inclusion you grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, create derivative works of, distribute, publicly display such content using the website of LynkU or one of its Partners business, including without limitation for promoting LynkU or its Partners (and derivative works thereof) in any media formats and through any media channels.

In connection with User Uploads, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein. 

We do not endorse any User Uploads or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Uploads. We reserve the right to remove User Uploads or a user’s registration without prior notice to you, any other user, or any third party.   We accept no responsibility or liability for the content included in any Lookbook.

You understand and acknowledge that you may be exposed to User Uploads that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LynkU and its Partners with respect thereto, and agree to indemnify and hold LynkU and its Partners harmless regarding all matters related to your use of the site.

Product submissions

All comments, feedback, suggestions and any other submissions disclosed, submitted or offered to LynkU on or through the website or otherwise disclosed, submitted or offered by you (collectively Submissions) shall become and remain the property of LynkU once submitted. You warrant that any Submissions will comply with these terms and conditions. A disclosure, submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to LynkU of any intellectual property rights.

Any material you upload to LynkU will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.

LynkU in its absolute discretion, reserves the right to a) not publish the Submission or remove it and b) take any appropriate action if deemed necessary.

You must be 18 years of age or older to be eligible to make a Submission, you confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property of others. Please contact us if you see any Submissions which do not comply with these terms and conditions.

Your use of other users' information

In order to facilitate interaction among all LynkU members, our service allows you limited access to other users' contact information. As a buyer you have access to contact information of the vendor.

By accepting the Terms of Service, you agree that, with respect to other users' personally identifiable information that you obtain through the Sites or through a LynkU-related communication or LynkU-facilitated transaction, you may only use such information for: (a) LynkU-related communications that are not unsolicited commercial messages and relate to your genuine participation in a LynkU-facilitated transaction, (b) using services offered through LynkU and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection (including the Data Protection Act 1998 and all related legislation) and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.

In registering for the service known as LoveFashionSales.com you agree that should an individual invite you as a friend to join the service we have your consent to display your email address to notify that person that you are already a registered user or have been invited to use the service.  

LynkU and our users do not tolerate spam or unsolicited commercial communications.

Membership eligibility


The Sites are only open to users aged 18 and over.  The Sites are not intended to be a children's site, therefore, some of the available information may concern certain topics that may not be appropriate for children.

If you are registering as a business entity, you represent that you have the authority to bind that entity to the Terms of Service.

Merchant payment

LynkU’s and the Partner’s payment terms by merchants are clearly stated on any invoices issued to merchants.  Valid methods of payment include card payment, cheque or bank transfer.  Certain services require payment in advance of that service being delivered.  Should the amounts owing to the Sites from merchants not be paid within the specified time period for the services ordered, the Sites reserves the right to automatically charge the amount owing to the merchant’s card details held.   The card details are stored in a secure and encrypted database. 

Promotion and content description

If you are a merchant, you must ensure that you are legally able to sell each item included in a listing on the Sites, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. You must describe your item being promoted and all terms of sale on the listing page of the Sites. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.

A merchant posting a promotion that requires presentation of a voucher agrees to honour that voucher when presented in accordance with the vendor's proposed terms and conditions for the promotion and other applicable trading terms.

Exclusion of LynkU's liability

The information contained in the material on the Sites is only for information purposes and is provided on the understanding that the Sites is not engaged in rendering advice and should not be relied upon when making (or refraining from making) any related decision or taking (or refraining from taking) any action. LynkU makes no warranties or representations as to its accuracy or reliability.

LynkU does not make any warranty or representation as to the accuracy of any material on the Sites. We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. We can not provide any representation or security of any components of the Sites. Our web site and our services are provided "as is" and as and when available, with no warranties expressed relating to the accuracy, compatibility or security of any components of the Sites. LynkU makes no warranty that this web site (or web sites which are linked to this web site) is free from computer viruses or any other malicious or impairing computer program.

LynkU (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will under no circumstances be liable for indirect, special or consequential damages, however arising, including negligence, or any economic losses (including without limitation, loss of business, revenue, profits, contracts, anticipated savings or data), any loss of goodwill or reputation in relation to the performance of, your use of or inability to use the Sites. Nothing within this agreement will operate to exclude any liability for death or personal injury arising from the negligence of LynkU.

We (including our officers, directors, agents and employees) have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. All users are advised to check advert details carefully before entering into any agreements of any kind. If in doubt, please seek legal advice.

Our liability to you (i.e. the merchant) or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the total fees you have paid to us in relation to the listing or other service offered giving rise to liability.

In the event that you (the user) or you (the merchant) have any right, claim or action against any other user or merchant arising from use of the Sites, you agree to pursue such right, claim or action against the applicable user or merchant and independently of and without recourse to us, and you release LynkU (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

Indemnity

You; the merchant, agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms of Service (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

You; the merchant, agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in the Terms of Service.

Breach

Without limiting our other remedies, we may limit your activity on the Sites, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach the Terms of Service or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.

Third party material and advertisements

This Sites contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by LynkU in good faith. LynkU does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and LynkU specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and LynkU takes no responsibility for such material.

In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party's terms and conditions and LynkU will have no liability to you in respect of the same.

The Sites may contain hyperlinks to web sites operated by other parties. We do not control such web sites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such web sites does not imply any endorsement of views, statements or information contained in such web sites.

All product names mentioned herein are the trademarks of their respective owners. Some documents may contain other proprietary notices and copyright information relating to that document or organisation. You agree that LynkU has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of LynkU or of any third party.

General

If any provision of the Terms of Service are held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.

You agree that the Terms of Service and all incorporated agreements may be automatically assigned by LynkU, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The Terms of Service set forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of the Terms of Service.

LynkU reserves the right to amend any part of the Terms of Service at any time without notice and your use of the Sites will be deemed as acceptance of this agreement. We advise users to regularly check the Terms of Service. LynkU has complete discretion to modify or remove any part of these Terms of Service without warning or liability arising from such action.

Governing law and jurisdiction

This agreement shall be governed by and construed in accordance with English law and any user of the Sites hereby agrees to be bound by the jurisdiction of the English courts without reference to rules governing choice of laws.
Terms of Service last updated: 14 June 2012

 

 

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