These terms and conditions ("Terms") and the privacy policy (as available at https://www.linkflyvpn.com/privacy.html)("Privacy Policy") (collectively "Terms of Use") is the rules, terms and conditions as applicable and the amended provisions which governs your use of and access to LinkFly VPN websites, LinkFly VPN APP, customer support, any interactive areas and other services. This Terms of Use generated by a computer system and does not require any physical or digital signatures.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AND DO PAY ATTENTION TO THE RESPECTIVE DEFINITIONS; IF YOU DO NOT FULLY UNDERSTAND AND AGREE TO ALL OF THE FOLLOWING TERMS OF USE, OR THE PRIVACY POLICY, PLEASE DO NOT USE THE SERVICE OF LinkFly VPN. YOUR COMMENCEMENT OF, OR CONTINUED USE OF THE SERVICES, OR REGISTRATION OF YOUR OWN ACCOUNT ON LinkFly VPN MEANS THAT YOU, RECEIPT AND SUFFICIENCY OF THE FOLLOWING TERMS AND CONDITIONS IS WELL ACKNOWLEDGED, AGREE TO BECOME A PARTY TO AND TO BE BOUND BY THIS TERMS OF USE.
BY VISITING OUR WEBSITES, INSTALLING, AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE USING THE SERVICES ON BEHALF OF AN ORGANIZATION, YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND ACKNOWLEDGING THAT YOU HAVE THE AUTHORITY TO ACT ON BEHALF OF THAT ORGANIZATION AND COMMIT TO THESE TERMS ON BEHALF OF THAT ORGANIZATION. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PROVISIONS HEREOF, PLEASE DO NOT INSTALL AND DO NOT USE OUR SERVICES.
1. Definitions
1.1 "Affiliate" shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of the entity owns LinkFly VPN. The term "Control" is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.
1.2 "Authority" shall mean any union, national, state, local, or other governmental, statutory, administrative, regulatory or self-regulating authority, agency or instrumentality having judicial or administrative jurisdiction over the relevant matter.
1.3 "Content" shall mean all any data, text, files, information, usernames, images, graphics, photos, profiles, contact details, audio and video clips, sounds, musical works, other works, applications, links, news, views, updates, articles, reviews or comments provided, generated, created, uploaded or shared by users or communication between users on LinkFly VPN.
1.4 "Information" means and shall include any non-confidential, confidential, non-personal, and/or personally identifiable information or other information provided to LinkFly VPN during your use of LinkFly VPN. Details of the process of information on LinkFly VPN is further provided under LinkFly VPN’s Privacy Policy (https://www.linkflyvpn.com/privacy.html).
1.5 "Internal Service Provider" shall mean reputable logistics or any back end service providers of LinkFly VPN appointed by LinkFly VPN that will provide various services that LinkFly VPN may require in order to run operations of LinkFly VPN. For example to facilitate or outsource one or more aspects of the business, product and service operations provided on LinkFly VPN, including search technology, discussion boards, payments, affiliate and rewards programs, co-branded credit cards, maintenance services, database management etc.
1.6 "Intellectual Property Right" shall mean any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, technical know-how, trade secret and other confidential information, rights in the nature of any of these items in any country, and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered) and registrations of and applications to register any of them.
1.7 "Law" shall mean all the applicable statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.
1.8 "Losses" shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses etc.
1.9 "Pay Facility" means the automated electronic payment or collection and remittance facility provided by LinkFly VPN to users to facilitate payments for paid services of the LinkFly VPN directly through banks or indirectly third-party payment gateway facility providers to provide enabling support for collection and remittance of payment on LinkFly VPN.
1.10 "Person" shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, limited liability partnership or proprietorship, whether incorporated or not.
1.11 "Policies" shall mean and include the privacy policy, rules and policy of the third party Payment Facility, and any other policies of LinkFly VPN as amended, provided, or communicated to you from time to time.
1.12 "Services" shall mean the services rendered by LinkFly VPN, such as VPN subscription service, in accordance with the applicable Law.
1.13 "Service Charges" means any fees charged to you by LinkFly VPN for the use of LinkFly VPN wholly or partially or for select services, as notified on the LinkFly VPN from time to time.
1.14 "User(s)" shall mean a user of LinkFly VPN.
2. General
2.1 These Terms contains rules and regulations, policies, notifications, covenants and agreements between any Person (“You”) who may access or use the mobile application "LinkFly VPN" as modified and updated from time to time and LinkFly VPN ("us" "our" and "we").You hereby agree and acknowledge to be bound by the Terms of Use.
2.2 LinkFly VPN reserves the right to modify the application and/or alter these terms, provisions and/or Policies from time to time according to the development of the technology, business operation, legitimate environment, or other situation in necessity; and the amendment, modification, alteration or any change stipulated hereto ("Amendment") shall become an integral part of this Terms of Use, with equal legal effect with. Though LinkFly VPN may notify you such Amendments by making in-app public notice, WE RECOMMEND YOU TO REVIEW THIS TERMS OF USE PERIODICALY FOR THE MOST UP-TO-DATE VERSION. Your continued use of LinkFly VPN means your consent of such Amendments.
2.3 In order to use LinkFly VPN, you need to be 13 (thriteen) years of age or older. LinkFly VPN may only be used or accessed by such Persons who is of full capacity of civil conducts. If you access or use LinkFly VPN by providing false repsentation on your age, you and your guardians shall undertake the consequential liabilities of doing so as per the applicable laws and regulations; and LinkFly VPN shall be discharged of the legal consequences.
Notably that, if You are a natural person and you are a minor, please read and accept this Terms of Use, and access and use LinkFly VPN under the accompany of your natural or appointed guardian. Minors shall subject to retrained access to and use of LinkFly VPN within a reasonable scope. You fully understand that LinkFly VPN shall not be liable to the review or confirmation of the foregoing matters under this provision.
3. Registration and Creation of an Account:
3.1 You may choose to register and create an account on your own by creating a user name and password and providing necessary details such as phone number or email address of yourself in order to access comphensive functions and Services on LinkFly VPN.
3.2 You hereby agree and acknowledge that LinkFly VPN will grant access to any person who has obtained your username, phone number, and password in the same manner as it would have granted access to you; and you shall be responsible for all activities conducted through your account in the name of you.
3.3 You are solely responsible for maintaining secrecy and confidentiality of your account details including your username, mobile phone number, password and other information if any; and, you are full aware that you are also sole responsible for the consequences of granting use by a third-party of your account, directly or indirectly.
3.4 You acknowledge and agree that the information you provide when registering your account is true, accurate, complete, legal and in effect.
3.5 You shall immediately notify LinkFly VPN of any actual or suspected unauthorized use of your account. Although LinkFly VPN, its management team, shareholders, employees, associates, contractors or agents ("Personnel") shall not be responsible in any manner for any Losses occurring from any unauthorized use of your account due to your deliberate or negligent breach of keeping the secrecy of your account information, you may be liable for the losses of LinkFly VPN or such other parties as the case may be, due to any unauthorized use of your account.
3.6 Except otherwise provided by other Policies of LinkFly VPN, you agree that the sole purpose of registering on or using LinkFly VPN is to be a user to enjoy the Services provided by LinkFly VPN, and you shall not use LinkFly VPN in any manner for any illegal purpose under the applicable Law.
4. Account Termination Policy
4.1 LinkFly VPN is entitled to suspend or terminate your account if you provide, or LinkFly VPN has reasonable ground to believe that you provide, the account details are untrue, invalid or inaccurate.
4.2 LinkFly VPN reserves the right to decide whether to suspend or terminate your account if it is reasonable for LinkFly VPN to believe that the Content you are using LinkFly VPN for illegal purposes or activities, infringement to the third-party’s lawful right, or lend your account to others.
5. General Use of the Service
LinkFly VPN grants you access to it for use and enjoy the Service, provided that you are in compliance with the following terms and conditions:
5.1 You are responsible for all telecom carrier’s data plan and other fees and taxes associated with your use of our Services, if any. LinkFly VPN may charge you for our Services, including applicable taxes. We do not provide refunds for our Services, except as required by law.
5.2 If you provide any information that is untrue, inaccurate, not current or incomplete, other than those you provide when registering your account, or LinkFly VPN has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, LinkFly VPN reserves the right to indefinitely suspend or terminate or block Your use or access to LinkFly VPN in any manner whatsoever. Should any other Person act upon such untrue, inaccurate, not current or incomplete information provided or verified by you, LinkFly VPN, and its Personnel shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims etc. resulting from such information to you or to any third party. You hereby indemnify and agree to keep harmless LinkFly VPN in accordance with the Indemnity clause contained in this Terms of Use.
5.3 You agree not to use the system for sending spam, port scanning, scanning for open proxies or open relays, sending opt-in email, unsolicited email, or any type or version of email sent in large quantities even if the email is ultimately sent off of another server. You agree not to launch any pop-ups from our service. You agree not to attack in any way shape or form any other computer or network while on our service.
5.4 Hacking, cracking, distribution of viruses, fraudulent activities, network sabotage, phishing, and/or any conduct deemed illegal or unwanted shall be subject to suspension or termination. You are responsible for the proper secure configuration of their services and are responsible for any damages caused by their neglect or exposure of vulnerabilities whether intentional or unintentional.
5.5 The use of LinkFly VPN service is subjected to fair usage. Creating automated or manual VPN sessions in a manner that would impersonate a bot or exerting excessive load on the network that may disturb other users on the network or utilizing substantially excessive bandwidth that exceeds the average user bandwidth usage for an extended duration or the likes, all are considered as unfair usage of the network. LinkFly VPN reserves the right to temporarily suspend or permanently terminate users found involved in unfair usage of its services.
5.6 Reasonable efforts are taken to improve the accuracy and integrity of our Services, but we are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to our Services, or any functionality comprising a part of our Services at any time without notice. In no event will we be liable for making these changes. As a user in good standing, you may be provided with limited service by LinkFly VPN. We do not warrant, and will not have any liability or responsibility for your use of LinkFly VPN Services or other products or services we provide. We may also impose limits on the use of or access to our Services, for any reason and without notice or liability. Our website, products, and services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot pdict or control when such downtime may occur and cannot control the duration of such downtime.
5.7 Our Services (including, without limitation, our software, mobile applications, services, and website) are provided “as is” and with all faults. We make no repsentation or warranty whatsoever regarding the completeness, accuracy, adequacy, suitability, functionality, availability, or operation of our Services. You acknowledge that we do not have control over your use of our Services, and we do not warrant the performance or results that may be obtained through your use of our Services. You assume all risks and responsibility for your use of our Services and for any loss of or errors in any data or information. To the full extent permissible by applicable law, we disclaim all warranties, expss or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising through course of dealing or usage of trade. Without limiting the foregoing, we neither warrant nor repsent that your use of our Services will not infringe the rights of any third parties, nor that our Services will be available for your access or use, nor that operation of our Services will be error-free or uninterrupted. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
5.8 You must not (or assist others to) access, use, copy, adapt, modify, ppare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, servers, systems, our users, or others, including that you must not directly or through automated means:
(i)reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
(ii)send, store, or transmit viruses or other harmful computer code through or onto our Services;
(iii)gain or attempt to gain unauthorized access to our Services, servers or systems;
(iv)interfere with or disrupt the integrity or performance of our Services;
(v)create accounts for our Services through unauthorized or automated means;
(vi)collect the information of or about our users in any impermissible or unauthorized manner;
(vii)sell, resell, rent, or charge for our Services; or
(viii)distribute or make our Services available over a network where they could be used by multiple devices at the same time;
(ix)use any robot, spider, other automated device, or manual process to monitor or copy any content from LinkFly VPN; and
(x)attempt to or circumvent or manipulate any of the other obligations imposed by this Terms of Use and/or LinkFly VPN Policies.
5.9 You agree not to take advantage of LinkFly VPN’s Services for the commercial use, such as sale of the access to LinkFly VPN, sale of the in-app advertising, sponsorship or promotion opportunities on LinkFly VPN, etc., without prior written consent from LinkFly VPN. You shall never copy, distribute, exchange, modify, sell or transmit anything from LinkFly VPN, including but not limited to the Services on LinkFly VPN, except as permitted in advance by LinkFly VPN and the applicable Law.
5.10 You should not access LinkFly VPN by or through any technology stimulating a real user or automated system, and such technology includes, without limitation, robots, spiders, or offline readers that accesses LinkFly VPN in a repeatedly way within a period more frequently than a human being can physically produce within such time period.
5.11 You acknowledge and agree that you will not share, distribute, modify, reproduce, transfer, or in other ways to commercialized the Services that you are using on LinkFly VPN, directly or indirectly, in-app or in other distribution channels (including but not limited to the websites, apps, or medias), without LinkFly VPN’s prior written consent.
5.12 You confirm that you will have no ownership towards the virtual gift LinkFly VPN send you, reward LinkFly VPN offer to you, or other derivative items on LinkFly VPN (the “Derivative Items”); and you shall only use such Derivative Items on the LinkFly VPN platform. LinkFly VPN is entitled to withdraw the Derivative Items as necessary without cause and without procuring your prior consent; you understand and agree that LinkFly VPN bears no liability with respect to withdrawal of the Derivative Items.
5.13 You agree to the advertising or commercial activities on LinkFly VPN when using the app, including but not limited to the banner advertisement, open-up advertisement, commercial activities or advertisement in the videos, etc. You accept to receiving commercial information by ways of information push, in-app publication, message or other reasonable methods; notwithstanding, LinkFly VPN respects your privacy and will make sure to maximize your user experiences.
6. Subscription and Refund
6.1 LinkFly VPN pmium Services are subscribed on a service period basis. You choose the service period and the payment method yourself when you sign up for the LinkFly VPN pmium Services. The LinkFly VPN for any platform or operating system supported by LinkFly VPN can be downloaded free of charge. Users will have to purchase a paid subscription from LinkFly VPN to connect to the LinkFly VPN pmium Service.
6.2 Your subscription service will automatically be renewed and your chosen payment method will be charged at the end of each service period, repeating the length of the pvious service period, unless you decide to cancel your subscription for the LinkFly VPN pmium Services.
6.3 If you wish to claim a refund, you can do so within 30 days following your purchase of LinkFly VPN pmium Service. We seek your full satisfaction with our services. However, we would like to troubleshoot an issue you experience first.
6.4 Subscriptions purchased via the Google Play Store are subject to Google Play Store refund policies. This means we reserve the right to do not grant refunds if you purchased an app through Google Play Store, you will have to contact store support for that. Payments made using ppaid cards or gift cards will not be refunded.
6.5 You have the right to cancel your account at any time. You can cancel a recurring subscription from your Google Play Store. Canceled accounts will not be refunded for the unused part of the ongoing service period.
7. Warranties and Repsentations
7.1 You acknowledge and agree that accepting and entering this Terms of Use will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions. Covenants, or provisions of any other agreement or instrument to which you are a party or by which you are bound or to which any of your property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of your duties hereunder. You have obtained any consent, approval, authorization of Authority required for the execution, delivery and performance of its respective obligations hereunder. If LinkFly VPN suffers any loss or damages or a claim is made by any Person against LinkFly VPN as a result of a breach or default or contravention on your part of this Terms of Use or other LinkFly VPN Privacy Policy, you agree to, forthwith upon delivery of notice by LinkFly VPN, make good such losses or damages or claim amounts to LinkFly VPN all such losses or damages.
7.2 You confirm that there is no action, suit or proceeding pending against you or to your knowledge, threatened in any court or by or before any other Authority which would prohibit your entering into or performing obligations under this Terms of Use or other LinkFly VPN Privacy Policy.
7.3 You acknowledge and agree that you shall not transfer Your account and shall not assign any rights and obligations under these Terms and Policies to any third party without the specific written permission of LinkFly VPN.
8. Intellectual Property
8.1 You acknowledge that LinkFly VPN owns all right, title and interest in and to the App, including all intellectual property rights therein. LinkFly VPN’s IP Rights are protected by applicable Laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from LinkFly VPN.
8.2 In order to operate and provide our Services, You grant LinkFly VPN a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the Content in connection with the Services. The rights you grant in this license are for the limited purpose of operating and providing our Services, including, without limitation, promoting the Content for your benefit in or through other media formats or channels.
8.3 We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, our trademarks, icon, logo and other marks related, subject to and in accordance with this Terms of Use. This license is for the sole purpose of enabling You to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expssly granted to you.
8.4 LinkFly VPN reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to You. We will respond to notices of alleged infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this at [email protected].
9. Third Party Link
You acknowledge and agree that LinkFly VPN might contain links leading you to other website/wepsite or sources (the "Third-party Link"), and LinkFly VPN has no control over the activities or contents on the landing pages of such Third-party links. Thus, LinkFly VPN is not liable for the contents or activities carried out on the landing pages of the Third-party links. We recommend you to carefully review the respective Terms of Use and the Privacy Policy of such Third-party sources when you leave LinkFly VPN by clicking the Third-party links and jump to the landing pages.
10. Privacy Policy and Information Disclosure
10.1 Our Privacy Policy (accessible at https://www.linkflyvpn.com/privacy.html) describes what kind of information we collect, how we handle the information You provide to us when You use LinkFly VPN. You understand that through your use of the Services You consent to the collection and use (as set forth in the Privacy Policy) of this information, including the storage, processing, sharing and use of this information, and the protection policy by us.
10.2 LinkFly VPN views the protection of user’s privacy as a very important community principle. LinkFly VPN clearly understands that the information provided by you, personal or non-personal, is one of the most important assets to LinkFly VPN. LinkFly VPN stores and processes the information provided by you that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Law.
10.3 LinkFly VPN may need to disclose your personal and other information or Contents provided by you when required by law or the competent govern bodies, in relation to compliance with a court order, ongoing judicial proceeding, administrative proceeding, or any other legal process or request to LinkFly VPN brought in any country/region where LinkFly VPN carries out business, or to exercise LinkFly VPN’s legal rights or defend against legal claims.
10.4 YOU ACKNOWLEDGE AND AGREE THAT LinkFly VPN may also disclose your personal and other information you provide, to another third-party as part of a re-organization or an investment into the Company or a sale of any or substantially all of the business of the Company. Any third party to which the LinkFly VPN or its shareholders transfer or sell LinkFly VPN’s shares or assets will have the right to continue to use the personal and other information that you provide.
11. Breach, Remedies and Indemnification
11.1 Under the circumstance of any of your breach of this Terms of Use provided hereto, without limiting other remedies, we may pursue, at its sole discretion, take such action as it deems fit, including but not limited to (i)suspension or removal of the Content you generate, create, upload or share; (ii)limitation, suspension or cancellation of your account, (iii)limitation or cessation of your access or use of LinkFly VPN; (iv)limitation, suspension or cessation of your Payment Facility gateway on LinkFly VPN; (v) removal or deletion of your information; (vi) report to the competent Authority and coordinate with the investigation; (vii)legal remedies applicable under the Laws; and/or (v) other applicable methods that LinkFly VPN deems fit on a case-by-case basis. shall not be responsible and/or liable for removing or deleting such information.
11.2 You shall indemnify and hold harmless us, our subsidiaries, Affiliates, Internal Service Provider and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys' fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, including the Policies incorporated herein, by reference, or your violation of any applicable Law, rules or regulations or the rights of a third party or resulting from untrue, inaccurate, not current or incomplete information provided or verified by You.
12. Warranty Disclaimers
YOU ARE FULLY AWARE THAT LINKFLY VPN IS A VIRTUE PRIVATE NETWORK APP SO THAT YOUR USE OF THE SERVICES ON LINKFLY VPN SHALL BE SOLELY AT YOUR OWN RISK. LINKFLY VPN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXpSS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. LINKFLY VPN MAKES NO WARRANTIES OR REpSENTATIONS WITH REGARD TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS ON LINKFLY VPN OR CONTENT FROM ANY WEBSITE/RESOURCE OR LINKED TO LINKFLY VPN; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III)ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ALL FINANCIAL INFORMATION STORED THEREIN, (IV)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES. LINKFLY VPN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR PROVIDED BY ANY THIRD PARTY THROUGH LINKFLY VPN OR THROUGH HYPERLINKED IN ANY ADVERTISING PLACEMENTS ON LINKFLY VPN. YOU ACKNOWLEDGE THAT LINKFLY VPN WILL NOT BE A PARTY TO OR IN ANY WAY BE LIABLE FOR MONITORING THE TRANSACTION, IF ANY, BETWEEN YOU AND ANY OTHER USER OF LINKFLY VPN OR ANY THIRD PARTY, WHERE SUCH TRANSACTION IS NOT PART OF THE SERVICES PROVIDED BY LINKFLY VPN.
13. Report of Grievance
In case of any grievance, objection or complaint on your part with respect to LinkFly VPN, other users of LinkFly VPN, including any complaints or enquiry about the measures LinkFly VPN taken with respect to your use of LinkFly VPN, you should promptly raise such grievance or complaint to our designated email address for grievance receiving at [email protected] and provide us with all necessary information and/or documents to enable the LinkFly VPN to try and resolve the issue(s).
14. Miscellaneous
14.1 No actions, omissions or decisions taken by LinkFly VPN shall be deemed a waiver of any rights or claims that LinkFly VPN may have against the user. Any user that may have been taken measures by LinkFly VPN such as account suspension or Content deletion may not register/restore or attempt to register/restore the LinkFly VPN account or the respective Content in any manner whatsoever until such time that such user is reinstated by the LinkFly VPN. Notwithstanding the above, if you breach this Terms of Use or the Policies and other documents incorporated therein by reference or any other agreements entered into between LinkFly VPN and you in addition to this Terms of Use and/or the Policies, apart from the measures stated under Article 11, LinkFly VPN reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
14.2 None of the provisions of this Terms of Use shall be deemed to constitute a partnership or joint venture or agency between you and LinkFly VPN, and you shall have no authority to bind LinkFly VPN in any manner whatsoever.
14.3 Except as explicitly stated otherwise, any notice directed to LinkFly VPN shall be given by email to [email protected] and any notice to you by LinkFly VPN shall be provided to you by in-app public notice and you shall pay attention to the in-app notification on the first page of LinkFly VPN from time to time. Notice shall be deemed to be delivered as soon as it has been given. It shall be the sole obligation of the you to keep LinkFly VPN updated about any change of your contact details. Failure in notice of the in-app notification on the part of the user, or failure to receive the notification on the part of user due to negligence to update the the contact details on LinkFly VPN, shall not render such notices invalid.
14.4 If any clause of this Terms of Use and/or the Policies thereof shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this Terms of Use and/or the Policies other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Terms of Use and/or Policies shall be valid and enforceable to the fullest extent permitted by applicable Laws.
14.5 This Terms of Use, together with the other Policies, entered between LinkFly VPN and you, incorporated herein by reference, constitute the entire understanding and agreement between you and LinkFly VPN with respect to the subject matter herein.
14.6 Subject to the Dispute Resolution hereunder and to any dispute resolution agreement separately agreed between LinkFly VPN and you in any other agreements, all remedies of LinkFly VPN and users under this Terms of Use whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
15. Confidentiality
15.1 You acknowledge and agree that LinkFly VPN does not repsent or warrant maintaining the confidentiality of Content shared, transferred, uploaded, commented or posted by you; although our endeavor is always to ensure reasonable efforts to maintain confidentiality of the information of your account, payment process or other information that LinkFly VPN bears the confidentiality responsibilities under the applicable Laws in accordance with LinkFly VPN Privacy Policy.
15.2 All confidential information given to or received by you from LinkFly VPN shall be kept confidential by You (whether or not such information or data has been marked as confidential) unless specifically permitted to the contrary in writing from LinkFly VPN.
15.3 Further LinkFly VPN may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial, partners or service providers other than users of LinkFly VPN.
This confidentiality obligation shall survive the termination of this Terms of Use.
If you have questions or concerns regarding these terms please contact us at [email protected].