Hyperlink5 Terms & Conditions
Kindly read these terms and conditions of service carefully. It may come across like mumbo-jumbo, but it's really important.
Your use of Hyperlink5 software ("participant services") is conditioned upon your compliance and acceptance of these terms. By utilizing the Hyperlink5 web application you agree to be bound by these terms and conditions. This is a legal agreement ("Agreement") between You and Croskey Digital regarding the Hyperlink5 Service, for use of the Hyperlink5 services which You selected or initiated, which may include Hyperlink5 website, use of the Hyperlink5 browser extensions, and/or web communication services provided by Hyperlink5 ("Services"). "You" refers to the individual who registered for the use of the Hyperlink5. If the Services are being used on behalf of an entity by an individual authorized to use the Services on behalf of such entity, then "You" refers to such entity. If You do not agree with the terms of this Agreement, do not create a Hyperlink5 account.
We reserve the right to refuse service to anyone, inexplicably, if we don't like what you're doing with Hyperlink5. Spamming users, annoying advertising, or porn will get your account pulled.
By placing browser extension code from Hyperlink5 in your web browser, you understand there is a possibility the code could interfere with the regular functionality of your browser. You agree to hold Croskey Digital harmless for any and all interruptions to your browser functionality.
- Acceptance of Terms
- Hyperlink5 Requirements
- Proprietary Rights
- No Reverse Engineering
- Term & Termination
- Export Restrictions
- Injunctive Relief
- Violations of Terms and Liquidating Damage
- No Warranties
- Limitation of Liability
- Refund & Cancellation
The Hyperlink5 services are not available to persons under 18 years of age without written parental consent.
Hyperlink5 will provide the Services to allow you to bookmark websites, and to access those bookmarks across any web browser. In accordance with this Agreement, Croskey Digital may at its sole discretion modify the features of the Services from time to time without prior notice.
You agree and understand that you are solely responsible for the content of all visual, written communications sent by You or in Hyperlink5 content created by You. You agree to not use the Services to send overtly annoy or spam users with offers outside Your company or organization in violation of applicable law. You further agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. You also warrant and represents that you are the owner or licensee of any content that you upload, record or otherwise transmit through Hyperlink5 Services, including but not limited to photographs, caricatures, illustrations, designs, icons, articles, text, audio clips, and video clips (collectively, "Customer Content").
You will not upload, record or otherwise transmit Customer Content that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising); (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (iv) is obscene, harmful to minors or child pornographic; (v) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (vi) is materially false, misleading or inaccurate. Although Croskey Digital is not responsible for any such communications, Croskey Digital may delete any such communications of which Hyperlink5 becomes aware, and terminate your Hyperlink5 account, at any time without notice to You.
Croskey Digital and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Croskey Digital or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services.
You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Services by any means whatsoever, directly or indirectly, or disclose any of the foregoing. Any information supplied by Croskey Digital or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software or Services which is substantially similar to the expression of the Software.
This Agreement will be effective as of the time and date you create an Hyperlink5 account until your account is closed.
You acknowledge that the Services, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
You also agree to comply with applicable United States export laws and regulations regarding the transmission of technical data exported from the United States through the Services, and agree not to: (1) use the Services in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise); (2) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Services any directory of other users or usage information or any portion thereof other than in the context of your use of the Services; (4) knowingly interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; (5) attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (6) use the Services for illegal purposes (including without limitation, gambling or betting).
You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sub-licensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Croskey Digital, its affiliates, suppliers and any other party authorized by Croskey Digital to resell, distribute, or promote the Services ("Resellers"), and under such circumstances Croskey Digital, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
Please report any violations of these Terms and Conditions by emailing email@example.com. 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.
You understand and agree that the services are provided "as is" and Croskey Digital, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Croskey Digital, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the services, regarding the accuracy or reliability of any information obtained through the services, regarding any goods or services purchased or obtained through the services, regarding any transactions entered into through the services or that the services will meet any user's requirements, or be uninterrupted, timely, secure or error free. Use of the services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the services. The entire risk arising out of use or performance of the services remains with you. You agree to indemnify, defend and hold harmless Croskey Digital, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Croskey Digital, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
To the maximum extent permitted by applicable law, in no event will Croskey Digital or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the services or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory, even if Croskey Digital, its affiliates, suppliers or resellers have been advised of the possibility of such damages. In any case, Croskey Digital, its affiliates', suppliers' and resellers' maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by you for the services (if any) in the previous 12 months. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
Choice of Law and Forum
This Agreement shall be governed by and construed under the laws of the State of Pennsylvania, U.S.A., as applied to agreements entered into and to be performed in Pennsylvania by Pennsylvania residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Philadelphia, Pennsylvania.
Waiver and Severability
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Croskey Digital may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to Croskey Digital under this Agreement must be sent to the address provided in Section 6 above, or other address as provided by Croskey Digital for such purpose. Any and all rights and remedies of Croskey Digital upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Croskey Digital, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.
Croskey Digital shall ensure that commercially reasonable efforts are made to assess security risks and to protect the Services against virus attacks, hacking, denial of service attempts, and fraudulent misuse of the Services.
We provide absolutely no phone or email support for the free Hyperlink5 service. Paid support is available upon request to help with Hyperlink5.
You may cancel your Hyperlink5 account at any time from your account settings.