Service Agreement of LINKSTYLE.LIFE INC
Welcome to LinkStyle!
Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt for the terms of the Agreement, please contact the relevant business department of LINKSTYLE.LIFE INC. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select “agree and submit the Agreement” (see registration page for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, LINKSTYLE.LIFE INC has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
I. Definitions of Terms
1.1 Licensed software refers to software systems developed by LINKSTYLE.LIFE INC, downloaded and installed and applied in specified system mobile terminals.
1.2 Services refer to services provided for you by LINKSTYLE.LIFE INC and its suppliers. You can use such services on the mobile terminal with the licensed software.
2.1 LINKSTYLE.LIFE INC offers you smart device management services, based on which you can access the intelligent terminals on LINKSTYLE.LIFE INC and its suppliers’ smart platform through the LINKSTYLE.LIFE INC Control, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users’ demands or judgment of service suppliers, and service supply may be suspended due to regular and irregular maintenance.
III. Scope of Service
3.1 LINKSTYLE.LIFE INC grants you the right to use the product based on this software.
3.2 You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purposes. Due to limitations on software adaptation platforms and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function.
3.3 You acknowledge that the licensed software can only be used for non-commercial purpose and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from LINKSTYLE.LIFE INC shall be obtained.
3.4 LINKSTYLE.LIFE INC and its suppliers may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.
3.5 You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.
3.6 You shall properly keep your account number and password. In case of any safety loophole for your account (including but not limited to divulgence of user password), you shall notify LINKSTYLE.LIFE INC in time, and LINKSTYLE.LIFE INC will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you and you will bear all responsibilities.
IV. A Third Party
4.1 You acknowledge that certain service of LINKSTYLE.LIFE INC and its suppliers is based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.
4.2 The product includes certain information and services of the third party. LINKSTYLE.LIFE INC and its suppliers neither controls nor bears responsibility for information and services of the third party.
4.3 You acknowledge that LINKSTYLE.LIFE INC and its suppliers cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.
V. Service Application Standard
5.1 You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:
1) Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;
2) Collect information or data of other users without authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way, causing overload to the server, or interfere with or damage web server and network links in other forms.
4) Attempt to visit server data or communication data of the product without authorization;
5) Interfere with or damage the production application by other users.
5.2 You understand and agree that:
1) LINKSTYLE.LIFE INC will determine whether or not you are involved in violation of standards above, and suspend or terminate your application license according to determination results or take other restrictions according to agreements.
2) LINKSTYLE.LIFE INC will directly delete information in breach of laws, or infringing others’ legal rights, or in breach of the Agreement issued by you when using the licensed software.
3) If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify LINKSTYLE.LIFE INC from losses or additional expenses generated therefrom. Otherwise, LINKSTYLE.LIFE INC has the right to claim compensation.
4) If LINKSTYLE.LIFE INC and its suppliers suffer from any loss due to your breach of relevant laws or the Agreement, you shall compensate LINKSTYLE.LIFE INC and its suppliers for losses and (or) expenses generated therefrom.
VI. Information Content Standard
6.1 You promise that you will not conduct any act in breach of laws or improper behaviors by using the service, such act and behavior include (but not limited to):
6.1.1 Uploading, transferring or sharing information containing one of the following contents:
1) Opposing the basic principles determined in the Constitution;
2) Endangering state safety, disclosing state secret, subverting state power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination and sabotaging national unity;
5) Destroying religious policy of the state and advocating heresy and feudalistic superstition;
6) Spreading rumors, disturbing social order and destroying social stability;
7) Spreading obscenity, pornography, gambling, violence, murder, terrorism, and threatening or abetting a crime;
8) Insulting or slandering others and infringing on the legal rights and interests of others;
9) Containing contents of sham, defraudation, harm, threat, infringement to others’ privacy, harassment, infringement, slander, coarseness, indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden by applicable laws, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
VIII. Exception Clauses
8.1 Unless otherwise specified in laws and regulations, LINKSTYLE.LIFE INC will do its best to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved, but LINKSTYLE.LIFE INC is unable to guarantee the same due to restriction by available technologies nowadays.
8.2 You understand that LINKSTYLE.LIFE INC will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.
8.3 You shall be responsible for personal injury or incidental or indirectly injury caused by or related to one of the following accidents: 1) A third party uses the licensed software or changes your data without permission; 2) Expenses and losses produced by using the licensed software; 3) Your misunderstanding of the licensed software; 4) Other losses related to licensed software caused by reasons not attributable to LINKSTYLE.LIFE INC.
8.4 Any other licensed software-derived software not developed and released by LINKSTYLE.LIFE INC or the development and release are not granted by LINKSTYLE.LIFE INC is illegal software. Downloading, installing and using such software may cause unpredictable risks. LINKSTYLE.LIFE INC shall be free from legal responsibilities and disputes generated therein and LINKSTYLE.LIFE INC shall have the right to suspend or terminate application license and/or other all services.
8.5 You have been informed of the usage of LINKSTYLE.LIFE INC and its supplier’s smart platform involved in Internet service, which may be affected by unstable factors in all links. Although LINKSTYLE.LIFE INC has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that LINKSTYLE.LIFE INC is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.
IX. Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the licensed software according to authorization scope, respect intellectual property of software and contents contained in the software, and perform obligations according to the Agreement when using the services of LINKSTYLE.LIFE INC. LINKSTYLE.LIFE INC will terminate the application license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supporting services supplied by LINKSTYLE.LIFE INC’s related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of LINKSTYLE.LIFE INC and its related companies may cause failure in normal usage of licensed software, in which case, LINKSTYLE.LIFE INC shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by LINKSTYLE.LIFE INC as agreed in the Agreement, including suspension or termination of your application license.
9.3 In case of your breach of the Agreement or other agreements signed with LINKSTYLE.LIFE INC, LINKSTYLE.LIFE INC and its suppliers shall have the right to notify the related companies, requiring them to take restrictive measures to your rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement on websites run or actually controlled by them.
9.4 The licensed software is downloaded from the downloading platform and you shall abide by stipulations of the download platform, system platform and terminal manufacture on application ways and restrictions of the licensed software. If the above mentioned third party confirms that you are in breach of the agreement and LINKSTYLE.LIFE INC and its supplier’s treatment is required, LINKSTYLE.LIFE INC may terminate your application license at the third party’s request.
9.5 When the application license terminates, you shall stop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if LINKSTYLE.LIFE INC and other users suffer from losses caused by your breach of terms in the Agreement.
X. Copyright and Trademarks
10.1 LinkStyle, including our licensed software and services, contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of LinkStyle, including our licensed software and services, are protected by copyright, trademark, and other intellectual property laws of the United States. LINKSTYLE.LIFE INC owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of LINKSTYLE.LIFE INC or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
10.2 LINKSTYLE.LIFE INC owns trademarks, registered and unregistered, and “LINKSTYLE.LIFE,” the its logos and variations thereof found on LinkStyle, including our licensed software and services, are trademarks owned by LINKSTYLE.LIFE INC or its related entities and all use of these marks inures to the benefit of LINKSTYLE.LIFE INC.
10.3 Other marks on LinkStyle, including our licensed software and services, not owned by LINKSTYLE.LIFE INC may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of LINKSTYLE.LIFE INC unless otherwise stated, or may be the property of their respective owners. You may not use LINKSTYLE.LIFE INC’s name, logos, trademarks or brands, or trademarks or brands of others on LinkStyle, including our licensed software and services, without LINKSTYLE.LIFE INC’s express permission.
XI. Disclaimer of Warranty
11.1 AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF LINKSTYLE.LIFE, INCLUDING OUR LICENSED SOFTWARE AND SERVICES, IS AT YOUR SOLE RISK. NEITHER LINKSTYLE.LIFE, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF LINKSTYLE.LIFE, INCLUDING OUR LICENSED SOFTWARE AND SERVICES, WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF LINKSTYLE.LIFE, INCLUDING OUR LICENSED SOFTWARE AND SERVICES, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON LINKSTYLE.LIFE, INCLUDING OUR LICENSED SOFTWARE AND SERVICES, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH LINKSTYLE.LIFE, INCLUDING OUR LICENSED SOFTWARE AND SERVICES. LINKSTYLE.LIFE, INCLUDING OUR LICENSED SOFTWARE AND SERVICES, AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON LINKSTYLE.LIFE, INCLUDING OUR LICENSED SOFTWARE AND SERVICES, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH LINKSTYLE.LIFE, INCLUDING OUR LICENSED SOFTWARE AND SERVICES, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, LINKSTYLE.LIFE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF LINKSTYLE.LIFE, INCLUDING OUR LICENSED SOFTWARE AND SERVICES, OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON LINKSTYLE.LIFE, INCLUDING OUR LICENSED SOFTWARE AND SERVICES, OR THE MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH LINKSTYLE.LIFE, INCLUDING OUR LICENSED SOFTWARE AND SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY LINKSTYLE.LIFE THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
XII. Limitation of Liability
XIII. Dispute Resolution and Arbitration Agreement
13.1 Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and LINKSTYLE.LIFE INC and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “LINKSTYLE.LIFE INC Entities”) arising out of, relating in any way to, or in connection with the Service Agreement, LinkStyle, including our licensed software and services, or your use of LinkStyle, including our licensed software and services, your Personal Information, or any products or services (hereinafter “Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and LINKSTYLE.LIFE INC are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 13.1 or Section 13.4). The provisions of this Section shall constitute your and LINKSTYLE.LIFE INC’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.
To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at https://www.adr.org/consumer, and simultaneously sending a copy of the completed form to the following address: LINKSTYLE.LIFE INC, 38000 CAMDEN ST APT 8, FREMONT, CA 94536. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. LINKSTYLE.LIFE INC will reimburse those fees for Disputes totaling less than $1,000 unless the arbitrator determines the Dispute is frivolous. Likewise, LINKSTYLE.LIFE INC will not seek attorney’s fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request, and/or the arbitrator determines, that a telephone or in-person hearing is necessary. In addition, you hereby unconditionally agree that (1) the arbitrator’s decision shall be controlled by these Service Agreement and any of the other agreements referenced herein that you may have entered into in connection with Linkstyle.life, including our licensed software and services; (2) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; and (3) in the event the AAA is unavailable or unwilling to hear the Dispute, you and the applicable LINKSTYLE.LIFE INC Entity(ies) shall agree to, or a court shall select, another arbitration provider.
13.2 No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
13.3 Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and LINKSTYLE.LIFE INC agree that any Dispute may only be instituted in a state or federal court in Alameda County, California/Northern District of California; (ii) you and LINKSTYLE.LIFE INC irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and LINKSTYLE.LIFE INC agree to waive any right to a trial by jury. You and LINKSTYLE.LIFE INC agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of California, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.
13.4 Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of LinkStyle, including our licensed software and services, and/or any illegal or intentional act against your interests or the general business interests of LINKSTYLE.LIFE INC.
13.5 Severability. With the exception of Section 13.2 above, if any part of this Section is ruled to be unenforceable, then the balance of this Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 13.2 above is ruled to be unenforceable, then Section 13.1 shall be deemed unenforceable, but the rest of this Section shall remain in full effect.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.
XIV. Governing Laws and Severability
14.1 Effectiveness, explanation, change, execution and dispute settlement of the Agreement are subject to laws of the United States of America and the state of California. If no relevant laws and regulations are available, reference to general international business practices and (or) industrial practices shall be made.
14.2 You may not assign these Service Agreement, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of LINKSTYLE.LIFE INC. Any attempted assignment that does not comply with the Service Agreement shall be null and void. LINKSTYLE.LIFE INC may assign the Service Agreement, in whole or in part, to any third-party in its sole discretion.
14.3 When any term of the Agreement is judged to be invalid by the court in which it is disputed, it will not influence the effectiveness of other terms or any part thereof, and you and LINKSTYLE.LIFE INC shall perform the valid terms in good faith.
14.4 The Service Agreement constitutes the entire agreement and understanding between you and LINKSTYLE.LIFE INC with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and LINKSTYLE.LIFE INC with respect to such subject matter.
14.5 The provisions of these Service Agreement apply equally to, and are for the benefit of, LINKSTYLE.LIFE INC, its subsidiaries, affiliates, merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
14.6 The Agreement is signed in Fremont, California, United States of America.