PlaceLink Terms and Conditions Agreement

2.1 Termination by User: As a user of the PlaceLink service (“the Service”), you have the right to terminate your account at any time by following the instructions provided within the Service. Upon termination, you will no longer have access to your account or any data associated with it. Please note that any outstanding fees or obligations incurred prior to termination remain payable.

2.2 Termination by PlaceLink: PlaceLink reserves the right to suspend or terminate your account, temporarily or permanently, at its sole discretion, without prior notice or liability, for any reason, including but not limited to:

• Breach of the Terms and Conditions: Failure to comply with the terms, guidelines, or policies outlined in the Terms and Conditions agreement, including the User Conduct and Prohibited Uses sections.
• Legal Requirements: Non-compliance with applicable laws, regulations, or legal obligations.
• Abusive or Disruptive Behavior: Engaging in conduct that disrupts the Service, harasses other users, or causes harm or inconvenience.
• Non-Payment: Failure to pay any fees or charges associated with the use of the Service.
• Inactive Accounts: Extended periods of inactivity may result in the termination of your account to ensure efficient use of resources.

2.3 Effects of Termination: Upon termination, your right to access and use the Service will immediately cease, and you will no longer have access to any data or content associated with your account. PlaceLink will have no obligation to retain or provide you with a copy of your data after termination.

2.4 Survival of Provisions: The termination of your account does not affect the rights and obligations that, by their nature, should survive termination. These include but are not limited to intellectual property rights, confidentiality obligations, disclaimers, limitations of liability, and indemnification provisions.

2.5 Notice of Termination: PlaceLink will make reasonable efforts to notify you in advance of any suspension or termination of your account, except in cases where immediate action is necessary for security reasons or as required by law.

2.6 Right to Appeal: In certain cases, you may have the right to appeal the suspension or termination of your account. To do so, you must contact PlaceLink within a reasonable time frame following the notification of termination. PlaceLink will review your appeal and make a determination in its sole discretion.

3.1 Grant of License: PlaceLink (“the Service”) grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service, subject to your compliance with the Terms and Conditions agreement. This license is solely for your personal or internal business use and does not grant you any ownership rights or intellectual property rights in the Service.

3.2 Restrictions on Use: You agree to use the Service only as expressly permitted by the Terms and Conditions agreement. You shall not:

• Copy, modify, distribute, sell, lease, sublicense, or transfer any portion of the Service or its related software or technology.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service or any related software.
• Use the Service in a manner that exceeds the scope of the license granted to you or for any unauthorized or illegal purposes.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed on or within the Service.

3.3 Intellectual Property Rights: You acknowledge that the Service, including its software, technology, designs, trademarks, and any other intellectual property rights associated with it, are owned by or licensed to PlaceLink. You agree not to infringe upon or misappropriate any intellectual property rights of PlaceLink or any third party in connection with your use of the Service.

3.4 Availability and Service Modifications: PlaceLink strives to provide a reliable and accessible Service. However, we do not guarantee uninterrupted or error-free access to the Service, and we reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice. We shall not be liable to you or any third party for any such modifications, suspensions, or discontinuations.

3.5 Limitations of Liability: To the fullest extent permitted by applicable law, PlaceLink and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, data, or other intangible losses, arising out of or in connection with your use or inability to use the Service, even if PlaceLink has been advised of the possibility of such damages.

3.6 Disclaimer of Warranties: The Service is provided on an “as is” and “as available” basis, without any warranties or representations, express or implied. PlaceLink disclaims all warranties, whether statutory, express, or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of dealing or usage of trade.

3.7 Third-Party Services and Links: The Service may include links or integrations with third-party services or websites. PlaceLink does not endorse or assume any responsibility for the content, privacy policies, practices, or actions of these third parties. Your use of any third-party services or websites is at your own risk, and you should review their respective terms and policies before using them.

3.8 Indemnification: You agree to indemnify, defend, and hold PlaceLink and its affiliates, officers, directors, employees, agents, and suppliers harmless from any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of the Service, your violation of the Terms and Conditions agreement, or your violation of any rights of a third party.

4.1 Subscription Fees: In consideration for your access and use of the PlaceLink service (“the Service”), you agree to pay the applicable subscription fees based on the subscription plan you select. PlaceLink offers both monthly and annual subscription options.

4.2 Monthly Subscriptions:

• Billing Cycle: Monthly subscription fees are billed in advance on a recurring monthly basis.
• Payment Method: You must provide valid payment information, such as a credit card or other accepted payment methods, and authorize PlaceLink to charge the designated payment method for the monthly subscription fees.
• Automatic Renewal: Unless you cancel your monthly subscription before the next billing cycle, your subscription will automatically renew on a monthly basis, and you will be charged accordingly.

4.3 Annual Subscriptions:

• Billing Cycle: Annual subscription fees are billed in advance on a recurring annual basis.
• Payment Method: You must provide valid payment information, such as a credit card or other accepted payment methods, and authorize PlaceLink to charge the designated payment method for the annual subscription fees.
• Automatic Renewal: Unless you cancel your annual subscription before the next billing cycle, your subscription will automatically renew on an annual basis, and you will be charged accordingly.

4.4 Price Changes: PlaceLink reserves the right to modify the subscription fees upon providing reasonable notice to you. Such notice may be given through the Service, via email, or by any other means deemed appropriate. Your continued use of the Service after the price change constitutes your acceptance of the new fees.

4.5 Taxes: You are responsible for any applicable taxes, duties, or levies imposed by taxing authorities related to your use of the Service. The subscription fees mentioned are exclusive of any such taxes unless stated otherwise. You agree to pay all taxes associated with your use of the Service as required by applicable laws.

4.6 Fee Disputes: If you believe there is an error or discrepancy in the billing or charges, you must notify PlaceLink in writing within thirty (30) days of the invoice date. Failure to notify PlaceLink within this time period will constitute your acceptance of the charges and waiver of any claims regarding such fees.

4.7 Delinquent Accounts: In the event of non-payment or overdue payment of subscription fees, PlaceLink reserves the right to suspend or terminate your access to the Service until payment is made in full. Any outstanding balances on delinquent accounts may accrue interest at the maximum rate permitted by law.

4.8 Refunds: PlaceLink's refund policy, if applicable, will be clearly communicated to you. In the absence of a specific refund policy, subscription fees are generally non-refundable. Refunds, if granted, will be at the sole discretion of PlaceLink.

5.1 Ownership of Intellectual Property: You acknowledge and agree that PlaceLink (“the Service”) and its licensors retain all right, title, and interest in and to the Service, including all intellectual property rights. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Restrictions on Use:

• Trademarks: PlaceLink's name, logo, and any other trademarks or service marks associated with the Service are the exclusive property of PlaceLink. You shall not use or display these trademarks in any manner without prior written consent from PlaceLink.
• Copyrighted Content: All content provided through the Service, including but not limited to text, graphics, images, videos, software, and other materials, is the property of PlaceLink or its content suppliers and is protected by copyright laws. You shall not copy, modify, distribute, display, or use this content without the express written permission of PlaceLink.

5.3 User-Generated Content: As a user of the Service, you may have the ability to post, upload, or transmit content to the Service (“User Content”). By submitting User Content, you grant PlaceLink a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute the User Content for the purpose of operating and promoting the Service. You represent and warrant that you have all necessary rights to grant this license to PlaceLink.

5.4 Feedback: If you provide PlaceLink with any suggestions, ideas, feedback, or other information regarding the Service (“Feedback”), you acknowledge that PlaceLink may freely use, modify, disclose, reproduce, license, or otherwise distribute and exploit such Feedback without any obligations or restrictions, and you hereby waive any rights or claims to such Feedback.

5.5 Unauthorized Use: You shall not engage in any activities that infringe upon the intellectual property rights of PlaceLink or any third party. This includes but is not limited to:

• Copying, modifying, distributing, or using the Service or its content for any purpose other than as expressly permitted by the Terms and Conditions agreement.
• Creating derivative works based on the Service or its content.
• Removing, altering, or obscuring any copyright, trademark, or other proprietary notices displayed on or within the Service.

5.6 Reporting Intellectual Property Infringement: If you believe that any content on the Service infringes upon your intellectual property rights or the rights of others, please promptly notify PlaceLink in writing with the following information:

• A description of the intellectual property right that you claim has been infringed.
• Sufficient details to identify the allegedly infringing content.
• Your contact information, including your name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that the use of the content is not authorized by the intellectual property owner or the law.
• A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the intellectual property owner or authorized to act on behalf of the owner.

5.7 Third-Party Intellectual Property: PlaceLink respects the intellectual property rights of others, and it is your responsibility to ensure that your use of the Service does not infringe upon the intellectual property rights of any third party. PlaceLink reserves the right to remove or disable any content that is alleged to infringe upon third-party rights.

6.1 Ownership of User-Generated Content: PlaceLink (“the Service”) allows you to post, upload, or transmit content to the Service (“User Content”). You retain ownership of any intellectual property rights that you hold in your User Content. By submitting User Content to the Service, you grant PlaceLink a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute the User Content for the purpose of operating and promoting the Service. This license is granted to PlaceLink and its affiliates, successors, and assigns.

6.2 Responsibility for User-Generated Content: You are solely responsible for your User Content and the consequences of posting, uploading, or transmitting it. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant PlaceLink the license to your User Content as described in Section 1.

6.3 Compliance with Laws and Guidelines: When creating or sharing User Content, you agree to comply with all applicable laws, regulations, and third-party rights. You shall not post, upload, or transmit any content that is unlawful, infringing, defamatory, obscene, offensive, or otherwise objectionable.

6.4 Prohibited User Content: You shall not post, upload, or transmit any User Content that:

• Infringes upon the intellectual property rights or other rights of any third party.
• Violates any applicable laws, regulations, or legal obligations.
• Contains viruses, malware, or any other harmful or disruptive elements.
• Promotes hatred, discrimination, violence, or any form of illegal or unethical activity.
• Is false, misleading, or deceptive in nature.

6.5 Monitoring and Moderation: PlaceLink may, but is not obligated to, monitor or moderate User Content posted or transmitted through the Service. PlaceLink reserves the right to remove or disable any User Content that violates the Terms and Conditions agreement or is otherwise objectionable. However, PlaceLink does not guarantee the accuracy, integrity, or quality of User Content and shall not be liable for any User Content.

6.6 Third-Party Content: The Service may contain User Content provided by other users or third parties. PlaceLink does not endorse or assume any responsibility for the accuracy, completeness, or reliability of any User Content. Your interactions with other users or third parties through the Service are solely at your own risk.

6.7 Data Storage and Privacy: PlaceLink takes reasonable measures to protect the privacy and security of User Content. However, you acknowledge and agree that PlaceLink cannot guarantee the absolute security or confidentiality of User Content. It is your responsibility to maintain backup copies of your User Content.

6.8 Removal of User Content: If you wish to remove your User Content from the Service, please contact PlaceLink. However, please note that even after removal, User Content may still be cached, copied, or stored by other users or third parties who have accessed or interacted with the Service.

7.1 Disclaimer of Damages: To the fullest extent permitted by applicable law, PlaceLink (“the Service”) and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, data, or other intangible losses arising out of or in connection with your use or inability to use the Service, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if PlaceLink has been advised of the possibility of such damages.

7.2 Limitation of Liability: In no event shall the total liability of PlaceLink and its affiliates, officers, directors, employees, agents, and suppliers for any and all claims, liabilities, or damages arising out of or in connection with the Service exceed the total amount paid by you, if any, for accessing and using the Service during the twelve (12) months prior to the claim.

7.3 No Warranty: The Service is provided on an “as is” and “as available” basis, without any warranties or representations, express or implied. PlaceLink disclaims all warranties, whether statutory, express, or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of dealing or usage of trade.

7.4 Third-Party Services: PlaceLink may integrate or provide links to third-party services or websites. PlaceLink shall not be responsible for the availability, accuracy, content, or actions of any third-party services or websites. Your use of third-party services or websites is at your own risk, and you should review their respective terms and policies.

7.5 Indemnification: You agree to indemnify, defend, and hold PlaceLink and its affiliates, officers, directors, employees, agents, and suppliers harmless from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your violation of the Terms and Conditions agreement, or your violation of any rights of a third party.

7.6 Force Majeure: PlaceLink shall not be liable for any failure or delay in the performance of its obligations under the Terms and Conditions agreement caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, power outages, or internet disruptions.

7.7 Jurisdictional Limitations: Some jurisdictions may not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages. In such jurisdictions, the liability of PlaceLink shall be limited to the fullest extent permitted by applicable law.

As a user of PlaceLink (“the Service”), you agree to adhere to the following guidelines and regulations when accessing or using our platform. By using the Service, you acknowledge and accept the terms outlined below. Failure to comply with these guidelines may result in the termination or suspension of your account.

8.1 Compliance with Laws and Regulations: You must use the Service in compliance with all applicable laws, regulations, and third-party rights. This includes but is not limited to laws regarding data privacy, intellectual property rights, and anti-spam legislation.

8.2 Prohibited Activities: You shall not engage in any of the following activities while using the Service:

• Violating any local, state, national, or international laws or regulations.
• Transmitting or distributing viruses, malware, or any other harmful or disruptive content.
• Impersonating any person or entity, or forging or manipulating headers or identifiers to disguise the origin of any content transmitted through the Service.
• Engaging in any activity that may interfere with or disrupt the Service or the servers and networks connected to the Service.
• Attempting to gain unauthorized access to any part of the Service or other users' accounts.
• Collecting, harvesting, or storing personal information or data about other users without their consent.
• Using the Service for any illegal, unethical, or unauthorized purposes.

8.3 Intellectual Property: You acknowledge that all intellectual property rights in the Service, including but not limited to copyrights, trademarks, patents, trade secrets, and proprietary information, are owned by or licensed to PlaceLink. You agree not to reproduce, distribute, modify, or create derivative works of any part of the Service without prior written consent from PlaceLink.

8.4 User-Generated Content: When using the Service, you may be able to post, upload, or transmit content. You retain ownership of any intellectual property rights you hold in such content. However, by submitting content to the Service, you grant PlaceLink a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute content for the purpose of operating and promoting the Service.

8.5 User Responsibilities: You are solely responsible for your use of the Service and any content you create or share. You agree to:

• Provide accurate and up-to-date information when registering for an account and using the Service.
• Maintain the confidentiality of your account credentials and promptly notify PlaceLink of any unauthorized use or security breaches.
• Use the Service in a manner consistent with its intended purpose and not engage in any activity that may negatively impact the experience of other users.

8.6 Suspension or Termination: PlaceLink reserves the right to suspend or terminate your account, temporarily or permanently, if you violate these user conduct guidelines or engage in any activities that may harm the Service or its users. PlaceLink will make reasonable efforts to provide notice of such actions and an opportunity to appeal if appropriate.

The Terms and Conditions agreement and your use of the PlaceLink service (“the Service”) shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.

Any legal action, suit, or proceeding arising out of or relating to the Terms and Conditions agreement or your use of the Service shall be brought exclusively in the state or federal courts located in the County of San Francisco, California. You hereby consent to the personal jurisdiction and venue of such courts for the purposes of any such legal action, suit, or proceeding.

Notwithstanding the above, PlaceLink reserves the right to seek injunctive or other equitable relief in any jurisdiction in order to enforce the provisions of the Terms and Conditions agreement or to protect its intellectual property rights.

In the event that any provision of the Terms and Conditions agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the agreement, and the remaining provisions shall remain in full force and effect.