Effective Date: September 20, 2020
The meanings of capitalized terms used in these terms of service are set out below.
Terms and meaning
Billing Page - The website billing page currently located at dip.link/billing.
Content has the meaning specified in clause 6 (a).
Data - has the meaning specified in clause 10 (a).
Data Analytics - has the meaning specified in clause 10 (b).
End User - has the meaning specified in clause 12.
Feedback - has the meaning specified in clause 11 (b).
Free plan is a plan under which you use the dip.link Service but are not required to pay for this use.
Intellectual Property Rights - All industrial and intellectual property rights worldwide, including all copyright and similar rights, all rights in inventions or discoveries (including patent rights), design, registered and unregistered trademarks ( including service marks), trade names, trademarks, indication of source or designation of origin, know-how, software, circuit diagrams and all other rights worldwide arising from intellectual activity in industrial, scientific or artistic fields.
Special conditions of jurisdiction - conditions in clause 18.
Dip.link Content - has the meaning specified in clause 9 (f).
Dip.link Service is a service provided by us through the Website (or by any other means, from time to time, including the app) that allows you to create Pages.
The Page is a personalized and easily customizable page that hosts your Content, including all the important links you want to share with your audience.
Paid Plan - a plan where you use the dip.link Service, but which charges a fee for using the dip.link Service (and provides you with additional functionality).
We / our / us - dip.link LukGift Ltd.
Website - the website located at https://dip.link
Under these conditions of use:
(a) the headings are in bold for convenience only and do not affect the interpretation of these terms of service;
(b) words of any gender include the same for all genders;
(c) expression referring to an individual includes any company, partnership, joint venture, association, corporation or other legal entity and any government agency, as well as an individual;
(d) a reference to any legislation, regulation, binding instructions issued by government agencies, binding codes of conduct or similar includes all delegated documents made pursuant to them, and any amendments, consolidations, replacements or re-legislation of any of them;
(e) reference to a day means a time period beginning at midnight and ending after 24 hours;
(f) reference to dollar means US dollar, unless otherwise indicated;
(g) specifying anything in these terms of service after the words "include" or "for example" or similar expressions does not limit what else is included.
(a) These are mandatory conditions: By accessing or using the dip.link Service:
(1) you agree to be bound by these terms of service. If you do not agree with any part of these terms of service, you cannot access the dip.link Service;
(2) you acknowledge that you can enter into a binding contract with us, that you accept and agree to be bound by these terms of service.
(c) Special Conditions of Jurisdiction:
If you access or use the dip.link Service from a jurisdiction for which there are Special Jurisdiction Conditions, you also agree to the specific terms applicable to each applicable jurisdiction and in the event of a conflict between the provisions, these Terms of Service and the Special Jurisdiction Terms, Special Terms jurisdictions prevail to the extent that they exist.
(d) You are an authorized company representative (if applicable):
If you access the Service on behalf of a company or organization, you represent and warrant that you are an authorized representative of the company or organization with the authority to bind the organization to these terms of service and agree to these terms of service on behalf of the organization.
You warrant that you are at least 18 years of age and that you are legally capable of entering into binding contracts. If you are under the age of 18, you must obtain the consent of your parents or guardians to use the dip.link Service and they agree to comply with these terms of service on your behalf.
(a) When the free plan starts and ends:
The free plan will start when you accept these terms of service (or, if applicable, the date your paid plan will automatically convert to the free plan, as noted below) and will continue until you cancel on the checkout page.
(b) When Paid Plan starts and ends:
A paid plan will begin when you select the appropriate Paid Plan option (including whether you are using a monthly or yearly billing cycle) and when you accept these terms of service, and will continue until you cancel your Paid Plan on the billing page. Where do you cancel your Paid plan:
(1) your Paid Plan will remain in effect until the end of the current billing cycle that applies to your Paid Plan; and
(2) at the end of this billing cycle, your Paid plan will automatically convert to free.
(c) Refunds for canceled Paid Plan: however, we understand that sometimes your requirements may change. If you chose a paid plan, but then canceled it on the billing page within 72 hours of accepting these terms of service:
(d) Deleting an account:
If you no longer want to use the free plan and want your account to be deleted permanently, you can do it by sending an email to [email protected]. However, you should remember that if you do this, you will not be able to reactivate your account and will not be able to receive any Content or information that you have added.
(e) We may cancel or suspend your plan:
Please note that these terms of service allow us to suspend or terminate your free or paid plan under certain circumstances (for example, see clause 16) ... In addition, if we do not receive payment for your Paid Plan in accordance with clause 8, we reserve the right to cancel your Paid Plan.
(a) We may change these terms of service:
we may change or replace these terms of service at any time if the change is necessary to reflect the changed or added functionality of the dip.link Service, in accordance with with the law, for reasonable business reasons, or otherwise to protect our legitimate interests.
(b) We may notify you of certain changes to the terms of service:
If a change to these terms of service could have a material adverse effect on you, we will make every effort to notify you of the change in advance (for example by posting a notice on the website), and we will strive to do so at least 1 month before any new terms become effective.
(c) You should check these terms of service for changes:
it is your responsibility to check these terms of service from time to time for any changes. If you do not agree with any changes to these terms of service, you must stop using the dip.link Service and / or cancel it in accordance with clause 3.
(d) Your continued use is deemed your consent:
Your continued use of the dip.link Service will be deemed your agreement to any changes to these terms of service as described above.
(e) We may change the Service and functionality of dip.link:
you acknowledge that the dip.link Service is constantly evolving and we may change parts of the dip.link Service and its functionality from time to time capabilities.
(a) You must create an account to use the dip.link Service:
To access or use our dip.link Service, you must create an account with us. When creating this account, you must provide accurate and current information. It is important that you maintain and update your details and any other information you provide to us.
(b) You must keep your password:
you agree not to disclose your password to third parties, and you are responsible for protecting the password you use. You are solely responsible for the actions associated with your account or password. You must immediately notify us if you become aware of any security breach or unauthorized use of your account.
(c) You must choose a suitable username:
You cannot use another person's name as the username (for example, the name of famous persons or a name that you have nothing to do with), a brand or entity, a name that is not legally available for use, or a business name that is subject to any other person's or legal entity's rights, or a name that is offensive, vulgar, or obscene. In the event of a problem with the use of certain usernames, such as when another person claims your username matches their name, we will reasonably consider the circumstances and may require you to change your username (and then we may reassign your username). If we have asked you to do so and you refuse, we may suspend or terminate your account. It is important to note that, without affecting the above, we do not allow “domain squatting”, “domain parking”, etc. and we may return and redistribute usernames that we reasonably believe were created for this purpose. You can report any username issues to us - see clause 16 (b) for details.
(d) Your responsibilities regarding the use of your account:
you must not use your account or allow it to be used in a way that may (in our opinion) prejudice or harm the Service dip.link or our reputation, or violate or violate any third party rights or any applicable laws or regulations.
(a) Your right to post Content:
you may post, link, store, share or otherwise provide certain information, text, graphics, video or other material on / to the Page that you create with the Service dip.link (Content). You are responsible for the Content, including its legality, reliability and appropriateness. If any third party owns any Content, you are also responsible for securing all rights (including any licenses) necessary to provide you with access to Content on the Site and in the dip.link Service.
(b) You grant us a license to use and display your Content:
by posting Content on the dip.link Service, you grant us the right and license to use, publicly display and distribute such Content on the Service dip.link and through it, and you acknowledge that you have all the rights and licenses of third parties required to post this Content. You retain all and all of your rights in any Content that you submit, post or display on or through the dip.link Service, and you are responsible for protecting those rights. You agree that this license includes the right to provide your Content to other users of the dip.link Service who may also use your Content in accordance with these terms of service.
(c) Your Responsibilities for Posting Content: You agree that:
(d) Record Keeping:
you agree to keep all records necessary to confirm that your Content does not violate any of the requirements of this clause 6, and to provide such records at our reasonable request.
(e) Our right to control and modify your Content:
we are not obligated to regularly monitor the accuracy or reliability of your Content included in the dip.link Service. We reserve the right to change or remove any Content at any time.
(f) You accept the risk of public disclosure:
you acknowledge and agree that all Content you provide on the dip.link Service will be public information and you bear the risks, related to such public disclosure of information.
(g) We may use your Content to promote the dip.link Service:
we may choose to host your Page and Content (but not your registered trademarks or personal information if you do not agree to in writing) on our Website or otherwise to promote the dip.link Service. You grant us a free worldwide perpetual license to use such Content for such purposes.
Your access to and use of the dip.link Service is subject to these terms of service and all applicable laws and regulations. We also strive to ensure that the dip.link Service is safe for all users and does not provide a platform for inappropriate Content or user behavior. If there is any genuine and reasonable allegation from a third party (including any law enforcement agency) that your behavior may violate these terms of service, we reserve the right to partner with that third party.
With this in mind, you shouldn't:
(a) access or use the dip.link Service if you are not fully and do not have the legal competence to agree to these terms of service;
(b) make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, extract information or create derivative works based on the dip.link Service or any included content, including any files, tables or documentation (or any part thereof) or identify or attempt to identify any source code, algorithms, methods or techniques embodied in the dip.link Service, or any derivative works of the dip.link Service (or authorize any other person to do so on your behalf);
(c) distribute, license, transfer or sell all or any part of any dip.link Service or any derivative works of it, except that you may resell the dip.link Service to a limited number of people if we have expressly consented to this for such activity to you in writing (and, if we give consent, we may also include in such consent terms that you must comply with);
(d) sell, rent or lease the dip.link Service for a fee or fee, or use the dip.link Service to advertise or carry out any commercial offer, except that you may sell the dip.link Service to a limited number of people if we have expressly given our written consent for such activity to you;
(e) use the dip.link Service without our express written consent for any commercial or unauthorized purpose, including transmitting or facilitating any commercial advertising, soliciting or spamming;
(f) interfere or attempt to interfere with the proper operation of the dip.link Service, disrupt the Website or any networks connected to the dip.link Service, or circumvent any measures we may use to prevent or restrict access to the dip.link Service ;
(g) include the dip.link Service or any part of it in any other program or product, unless this can be separately agreed with us in writing;
(h) use or allow others to use automated scripts or other tools to collect information from your Page or dip.link Service or otherwise interact with the dip.link Service;
(i) impersonate any person or entity, or falsely claim or otherwise misrepresent you or your affiliation with any person or entity, including creating the impression that any content you upload, publish, transmit, distribute or otherwise make available, comes from the dip.link Service;
(j) bully or harass another person or promote violence or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age on your Page, in your account, or through any links on your Page;
(k) include any material of a sexual nature (including images and language) on its own Page or in the account itself;
(l) use or attempt to use someone else's account, service or system without our permission or create a false identity on the dip.link Service;
(m) use the dip.link Service in a manner that could create a conflict of interest or undermine the purpose of the dip.link Service, such as exchanging reviews with other users or writing or requesting fake reviews;
(n) use the dip.link Service to download, transfer, distribute, store or otherwise provide access in any way:
(a) Payment of fees:
You must pay us the fees that you agreed to pay for the Paid Plan.
(b) How you will be billed:
If you are using a paid plan, you will be billed in advance on a regular and periodic basis, depending on your billing cycle. Billing cycles are set on a monthly or yearly basis, depending on the type of plan you choose when choosing a paid plan.
(c) Paid plans auto-renew:
at the end of each billing cycle, your Paid plan will automatically renew in accordance with these terms of service that exist on the renewal date, unless you or we have canceled Paid plan in accordance with these terms of service.
(d) Payments must be made using accurate billing information:
A valid payment method, including a credit card, is required to process a payment under your Pay Plan. You will provide us with accurate and complete billing information including full name, address, state, zip code, and current payment method information. By submitting such billing information, you automatically authorize us to charge all fees incurred through your account from any such payment instruments.
(e) Electronic invoices instead of automatic billing:
If automatic billing does not occur for any reason, we will issue an electronic invoice indicating that you must act manually within a certain term, with full payment corresponding to the billing cycle as indicated on the invoice.
Unless otherwise stated, all fees include transactional taxes (eg GST / VAT). You are responsible for all other (if any) external fees and taxes, including withholding taxes, if applicable, related to your use of the dip.link Service, wherever they are charged. We may collect geographic information from you for these purposes, and all geographic information you provide to us (if any) must be accurate.
(a) Our intellectual property rights:
all intellectual property rights in the dip.link Service, Website and their content (excluding your Content, but including dip.link Content) , features and functions are and will remain exclusive to us (or our licensors). property and you will not dispute such property.
(b) No transfer of our intellectual property rights to you:
The dip.link service is protected by copyright, trademark and other laws of both Russia and other countries. Our trademarks and trade names may not be used in connection with any product or service without our prior written consent. Nothing in these terms of service constitutes a transfer of any intellectual property rights to you.
(c) Your limited rights to use the dip.link Service:
You are only permitted to use the dip.link Service with our permission (which includes use in accordance with these terms and conditions). As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the dip.link Service to create, display, use, reproduce and download Content in accordance with these terms of service.
(d) How not to use the dip.link service:
you must not use the dip.link service in connection with a product or service that is not affiliated with us or in any way damaging our reputation.
(e) Responsibility for Submissions:
Any opinions, advice, statements, services, suggestions or other information or content expressed or provided by any other users belong to the respective authors or distributors, and not us.
(f) Your responsibilities for using the dip.link Content:
if we provide you with any images, icons, videos, graphics or other content (dip.link Content) for use in connection with Service dip.link, you must:
(1) use such dip.link Content only on your Page and not elsewhere;
(2) comply with any reasonable written instructions or conditions, which may be guidelines or conditions of a third party, in relation to the dip.link Content we provide to you.
(a) Our data and the protection of our data:
all data (and any Intellectual Property Rights in the data) that we or the dip.link Service create or generate based on your use (or use End Users or Other Users) dip.link Service or Content (Data) will be owned by us and you will not dispute such ownership.
(b) We may provide you with Data:
we may provide you with Data or visualizations of Data as part of the dip.link Service (Data Analytics). We do not make any representations or warranties of any kind regarding the accuracy or completeness of Data Analytics, but we will try to make it as accurate and complete as possible.
(a) You must protect the confidential information provided to you:
if we share information about the dip.link Service with you that is confidential or that a reasonable person considers confidential, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure. or access to this information.
(b) Our responsibilities in relation to feedback:
if you decide to contribute to the dip.link service by sending us any ideas for new products, services, features, modifications, improvements, content , offers, promotions, computer code or any other materials (feedback), regardless of what your message says:
Your page can have its own visitors and customers (End Users). You are responsible for how End Users use and interact with your Page and your Content (as opposed to our obligations to you in these terms of service in relation to the dip.link Service itself). This responsibility includes complying with all laws and regulations in relation to End Users, as well as providing products and services (if any) to End Users.
(a) We are not liable for damage:
you agree that we are not liable for any damage incurred as a result of using the dip.link Service or copying, distributing or downloading Content from the dip.link Service.
(b) No liability for certain types of damage resulting from breach of contract or violation of contract:
Under no circumstances will you or we be liable for any indirect, punitive, special, incidental or consequential damage ( including loss of business, income, profits, use, confidentiality, data, reputation or other economic advantage), however, it arises as a result of a breach of contract or tort (including negligence), even if the party concerned has previously been advised of the possibility of such damage.
(c) You are responsible for your use of the dip.link Service:
You are solely responsible for properly protecting and backing up the data, Content and / or equipment used in connection with your use of the Service dip.link, and you will not claim lost data, restart times, inaccurate instructions, operational delays or lost profits from using the dip.link service. You must not transfer or otherwise dispose of your account to any other person.
you will indemnify us for any damages we suffer due to your breach of these terms of service (including clause 7) or third party claims against us regarding your Content.
(e) Limitation of our liability to you:
Under no circumstances will our liability to you under or in connection with these terms of service or the dip.link Service exceed the highest of the commissions actually paid by you to us at the time when the alleged liability arose. or [$ 100]. This limitation applies whether your claim against us is based on contract, negligence, other wrongdoing, or otherwise.
(a) You use the dip.link Service at your own risk:
You use the dip.link Service at your own risk. The dip.link service is provided on an "AS IS" and "AS AVAILABLE" basis. The dip.link service is provided without warranties of any kind, express or implied, including but not limited to uptime or availability, or the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or progress.
(b) We make no warranties with respect to the dip.link Service:
We, our subsidiaries, affiliates and licensors do not warrant or represent that:
(c) Scope of this disclaimer:
This disclaimer applies to any damage or injury caused by any failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access, or alteration or use of a record in connection with the use or operation of the dip.link Service, whether for breach of contract, malicious behavior, negligence or any other reason for action.
(d) We do not make any warranties with respect to the contents of the dip.link Service:
We make no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability or availability in relation to the content contained in the dip.link Service. for any purpose. Therefore, you rely on such information solely at your own risk. We disclaim any warranties, representations or warranties, express or implied, regarding the effectiveness or profitability of the dip.link Service, or that the dip.link Service will be uninterrupted or error-free. We are not responsible for the consequences of any interruptions or errors in the dip.link Service.
(e) We may provide access to third party services:
from time to time we may include, as part or an auxiliary element of the dip.link service, access to certain features or other services provided by third parties (for example, payment portals, mobile operators, Internet providers).
(f) We do not exclude the application of laws, which cannot be excluded:
These terms of service (including the above clause 14) apply to the maximum extent permitted by law. Nothing in these terms of service is intended to exclude, limit or modify the rights that you may have under any law that cannot be excluded, limited or modified by agreement. If these terms of service are governed by Russian consumer law, our liability to you for failure to comply with the consumer warranty for any service is limited to re-offering or paying for such re-delivery.
(g) Beta Feature:
From time to time, we may provide you with certain features of the dip.link service in Beta (and this feature will be labeled “beta” or similar). We are still evaluating and testing this beta functionality, and it may not be as robust as our other parts of dip.link.
(a) No Support for Third Party Services:
Unless we specifically indicate otherwise, we do not endorse (and make any warranties or representations regarding) any third party products or services, and use you of these third party products or services may be subject to separate terms and conditions for which you are responsible for reviewing and agreeing.
(b) Terms and Conditions of Third Party Services:
you agree to be bound by terms that you either separately agreed to be bound by or which we explain to you that you must comply with any third party services you use in combined with the dip.link service.
(c) No Refunds:
We do not offer refunds for any amounts you paid to a third party.
(d) Account Suspension or Cancellation:
If you do not agree with the terms and conditions of a third party, we may suspend or terminate your user account or restrict related functionality.
(a) Our rights to suspend or cancel your account:
if you fail to comply with any of these terms of service (in particular clauses 7 (Acceptable Use) and 9 (Intellectual Property) ), we may suspend or cancel your user's activity. account or limit the functionality of the dip.link service to which you have access. Depending on what the non-compliance is, we cannot use this right to suspend or cancel, but if there is a repeated non-compliance or material non-compliance in your account, we will most likely do so.
(b) Your rights to contact us with any problems:
if you have any problems with our solution in accordance with clause 16 (a), with the performance of the dip.link Service, or anything else in relation to these terms of service, please let us know. by sending us an email to [email protected] (Notice of Problem). Once we receive a Notice of a Problem, we will use our reasonable efforts to resolve the problem in good faith. Neither of us will initiate any legal action or take any formal or public action about an issue until we have spent at least 1 month from the date of the Notification of Issue trying to resolve the issue in good faith.
(a) Entire agreement:
If any provision of these terms of service is invalid under the laws of any jurisdiction, then the provision is enforceable in that jurisdiction to the extent that it is not invalid, and to the extent that it is invalid, it will be excluded from these terms of service, and the remainder of these terms of service will continue to apply with such amendments as are strictly necessary to reflect the exclusion.
(c) Governing Law.
These terms of service are governed by the laws of the Russian Federation. Both you and we submit to the exclusive jurisdiction of the courts of the Russian Federation.
(d) No Waiver:
Our failure to insist or enforce any provision of these terms of service will not be construed as a waiver of any provision or right.
Depending on your location, laws may apply to you or us. If these laws are incompatible with any part of these conditions, these laws will prevail to the extent that they exist.