Terms of Service
Welcome to llkll.net.
These Terms of Service contain the terms and conditions that govern all use of
the “Llkll.net Services” (as defined below).
Llkll.net is a big data & artificial intelligence online tool.
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR,
ACCESSING, BROWSING, AND/OR OTHERWISE USING THE Llkll.net SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE
TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR
OTHERWISE USE THE Llkll.net SERVICES.
Supplier may, in its sole discretion, elect to suspend or
terminate access to, or use of the Llkll.net Services, in whole or for any
portion thereof, to anyone who violates these Terms.
The registration is FREE of the Llkll.net Services.
The original language of these Terms is English.
2. Authority to Enter into These
Terms with Supplier
The use of the Llkll.net Services is subject to acceptance
of these Terms. To accept these Terms individually or on behalf of a Client, a person must have the legal capacity to do so. In
the case of an individual. In the case of a legal entity, the entity must be
duly incorporated and in good standing.
The Terms are accepted as soon as one of the following
occurs first:
You may not, without Supplier’s prior written consent,
access the Llkll.net Services (i) for production
purposes, (ii) if you are a competitor of Llkll.net, (iii) to monitor the
availability, performance or functionality of the Llkll.net Services or (iv)
for other benchmarking or competitive purposes.
Once accepted, these Terms remain effective until terminated
as provided for herein.
3. Modifications to Terms
Supplier reserves the right, at its sole discretion, to
change, modify, add, or remove portions of the Terms at any time by posting
such changes on or through the Platform or the Llkll.net Services. Please check
these Terms periodically for changes. Your continued use of the Llkll.net
Services after such changes have been posted as provided above constitutes your
binding acceptance of such changes. Such amended Terms will automatically be
effective upon the earlier of (i) your continued use
of the Llkll.net Services, or (ii) 30 days from posting of such modified Terms
on or through the Platform. Notwithstanding the foregoing, the resolution of
any dispute that arises between you and Supplier will be governed by the Terms
in effect at the time such dispute arose.
4. Our Responsibilities
4.1. Provision of Llkll.net Services. Supplier will (a) make the Llkll.net Services, Content and
Client Data available to a Client pursuant to these Terms, (b) provide applicable
standard support for the Llkll.net Services to Client at no additional charge,
and/or upgraded support (for an additional charge, if applicable), (c) use
commercially reasonable efforts to make the Llkll.net Services available 24
hours a day, 7 days a week, except for: (i) planned
downtime (of which Supplier shall give advance electronic notice if provided in
the Guidelines), and (ii) any unavailability caused by circumstances beyond
Supplier’s reasonable control, including, for example, an act of God, act of
government, flood, fire, earthquake, civil unrest, act of terror, strike or
other labor problem, Internet service provider failure or delay, or denial of
service attack.
4.2. Protection of Client Data. Supplier will maintain administrative, physical, and
technical safeguards for protection of the security, confidentiality and
integrity of Client Data, as may be described in the Guidelines. Those
safeguards will include, but will not be limited to, measures for preventing
access, use, modification or disclosure of Client Data by Supplier personnel
except (a) to provide the Llkll.net Services and prevent or address service or
technical problems, (b) as compelled by law in accordance with Section 7.5
(Compelled Disclosure) below, or (c) as a Client or User expressly permit in
writing.
The Services may be performed using equipment or facilities
located in the United States. Llkll.net and its US service provider have
executed Standard Contractual Clauses (as approved by the European Commission)
that provide legal grounds for assuring that, when processed in the United
States, the personal data of EU citizens that are processed by Llkll.net
customers when using the Llkll.net Service will receive from Llkll.net and its
service providers located outside the EU an adequate level of protection within
the meaning of Article 25(2) of Directive 95/46/EC of the European Commission. Llkll.net
acknowledges that for the sole purpose of exporting data outside the European
Union, Llkll.net is also a joint controller.
5. Using the Llkll.net Services
5.1 Establishing an Account on the
Platform. Certain features, functions, parts
or elements of the Llkll.net Services can be used or accessed only by holders
of an Account. The person who wishes to create an Account must:
Each Client may have only one Account. If several persons
need to use an Account on behalf of Client, Client must designate such persons
as Users. Each such User shall be subject to the restrictions set forth in
these Terms.
If Client has designated Users and granted them
Authorization, such Users will be deemed to be authorized to act on behalf of
Client when using the Account. Supplier is not responsible for verifying the
right of representation or validity of Authorization of any User. However,
Supplier may ask additional information or proof of the person’s credentials.
A User may be associated with multiple Clients and Accounts.
Deleting a User from one Account will not remove the User from the Platform if
he/she is connected to multiple Accounts.
The Client and any User associated with an Account must
provide Supplier with true, accurate, current, and complete information about
the Client, Users or Account and keep it up to date.
5.2 Logging Into
an Account. Supplier shall provide Client with
a username and password (“Login Credentials”) for be used to log in to its
Account. These Login Credentials must not be used by multiple persons. If
Client has designated several Users, each User will be provided with separate
Login Credentials. Client and each User are responsible for keeping
confidential all login credentials associated with an Account. Client must
promptly notify Supplier:
5.3 Termination of Account. Client may terminate these Terms at any time as provided
in Section 16. Supplier shall permanently delete the Account as soon as
reasonably practicable after the effective date of the termination.
7. Client data
7.1 Uploading Client Data to Platform. If the Client uploads Client Data to the Platform,
including through the use of any of the Extensions,
use of such Client Data and any processing of such Client Data must be in
compliance with these Terms and applicable law. By uploading Client Data to the
Platform, Client authorizes Supplier to process the Client Data for use in the Llkll.net
Services, including to enhance the quality of the products and services
contained in the Llkll.net Services. The Client is responsible for ensuring
that:
7.2 No Guarantee of Accuracy. Supplier does not guarantee any accuracy with respect to
any information contained in any Client Data, and strongly recommends that you
think carefully about what you transmit, submit or post to or through the Llkll.net
Services. You understand that all information contained in Client Data is the
sole responsibility of the Client from whom such Client Data originated. This
means that Client, and not Supplier, is entirely responsible for all Client
Data that is uploaded, posted, transmitted, or otherwise made available through
the Llkll.net Services, as well as for any actions taken by the Suppliers or
other Clients or Users as a result of such Client Data.
7.3 Unlawful Client Data. Supplier is not obliged to pre-screen, monitor or filter
any Client Data or acts of its processing by the Client in order to discover
any unlawful nature therein. However, if such unlawful Client Data or the
action of its unlawful processing is discovered or brought to the attention of
Supplier or if there is reason to believe that certain Client Data is unlawful,
Supplier has the right to:
If Supplier is presented convincing evidence that the Client
Data is not unlawful, Supplier may, at its sole discretion, restore such Client
Data, which was removed from the Web Site or Account or access to which was
restricted.
In addition, in the event Supplier believes in its sole discretion
Client Data violates applicable laws, rules or regulations or these Terms,
Supplier may (but has no obligation), to remove such Client Data at any time
with or without notice.
Without limiting the generality of the preceding sentence, Llkll.net
complies with the Digital Millennium Copyright Act, and will remove Client Data
from the Platform upon receipt of a compliant takedown notice.
7.4 Compelled Disclosure. Supplier may disclose a Client’s
confidential information to the extent compelled by law to do so. In such
instance, Supplier will use commercially reasonable efforts to provide Client
with prior notice of the compelled disclosure (to the extent legally permitted)
and Client shall provide reasonable assistance, at its cost, if Client wishes
to contest the disclosure. If Supplier is compelled by law to disclose Client’s
confidential information as part of a civil proceeding to which Supplier is a
party, and Client is not contesting the disclosure, Client will reimburse
Supplier for its reasonable cost of compiling and providing
8.2 Technical Support. Supplier shall provide reasonable technical support to
Client and its authorized User at the reasonable request of the Client.
Supplier shall respond to enquiries of support from a Client utilizing the
contacts set forth below as soon as reasonably possible. Responding to
enquiries of Clients and Users who have accepted these Terms but do not have an
Account may be less expedient, or may not occur at
all.
The contacts for all enquiries of support are:
8.3 Modifications to Service. Supplier reserves the right to modify the Llkll.net
Services or any part or element thereof from time to time without prior notice,
including, without limitation:
9. Restrictions
9.1 Prohibited Activities. Client and its authorized Users may use the Llkll.net
Services and any part or element thereof only in the scope, with the means and
for purposes as identified in these Terms and applicable law. By way of
example, neither the Client nor any User may:
9.2 Certain Uses Require Supplier
Consent. The Client or any User may not,
without Supplier’s prior express written consent (e-mail, fax, Skype, etc.):
10. Privacy
Supplier takes the privacy of its Clients and Users very
seriously. Supplier’s Privacy Policy at llkll.net/privacy is hereby incorporated into these Terms by reference.
Please read the Privacy Policy carefully as it governs Supplier’s collection,
use, and disclosure of Client’s or User’s personal information.
11. Intellectual Property Rights
11.1 Llkll.net’s
Intellectual Property Rights in the Llkll.net Services. The Llkll.net Services, Llkll.net Materials, Llkll.net
trade names and trademarks, and any parts or elements thereof are solely and
exclusively owned and operated by Supplier and its third
party vendors and hosting partners. Llkll.net Materials are protected by
copyright, trade dress, patent, trade secrets, and trademark laws,
international conventions and treaties, and all other relevant intellectual
property and proprietary rights laws. Supplier, its affiliates and licensors retains all right, title and interest in such Llkll.net
Services, Llkll.net Materials, Llkll.net trade names and trademarks, and any
parts or elements. Your use of the Llkll.net Services and Llkll.net Materials,
and any parts or elements does not grant to you any ownership right or
intellectual property rights therein. Any commercial or promotional
distribution, publishing or exploitation of the Llkll.net Materials is strictly
prohibited unless you have received the express prior written permission from
Supplier or the otherwise applicable rights holder. Supplier reserves all
rights to the Llkll.net Services, Llkll.net Materials and Llkll.net trade names
and trademarks not expressly granted in the Terms.
11.3 Activity Data.
11.4 Feedback. If Client or a User provides Suppliers with any comments,
bug reports, feedback, or modifications for the Llkll.net Services
(“Feedback”), Supplier shall have the right to use such Feedback at its
discretion, including, but not limited to the incorporation of such suggested
changes into the Llkll.net Services. Client or User (as applicable) hereby
grants Supplier a perpetual, irrevocable, nonexclusive, royalty free license
under all rights necessary to incorporate, publish, reproduce, distribute,
modify, adapt, prepare derivative works of, publicly display, publicly perform,
exploit and use your Feedback for any purpose.
12. Third-Party Sites, Products and
Services
The Llkll.net Services may include links to other websites
or services (“Linked Sites”) solely as a convenience to Clients. Supplier does
not endorse any such Linked Sites or the information,
material, products, or services contained on or accessible through Linked
Sites. Furthermore, Supplier makes no express or implied warranties with regard to the information, material, products, or
services that are contained on or accessible through Linked Sites. ACCESS AND
USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND
SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR
OWN RISK.
13. Disclaimers; No Warranty
UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, THE Llkll.net
SERVICES, Llkll.net MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE
AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Llkll.net SERVICES ARE PROVIDED
“AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPPLIER
AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS,
ACCURACY, AND RELIABILITY.
UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, SUPPLIER AND
ITS AFFILIATES DO NOT WARRANT THAT THE Llkll.net SERVICES AND ANY CONTENT,
CLIENT DATA SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH
THE Llkll.net SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE Llkll.net SERVICES AND ANY CONTENT, CLIENT DATA,
SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Llkll.net
SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, SUPPLIER AND
ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE PLATFORM, THE Llkll.net SERVICES, Llkll.net
MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE.
THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
14. Indemnification
You agree to defend, indemnify and hold harmless Supplier
and its affiliates, and their respective directors, officers, employees and
agents, from any claims, losses, damages, liabilities, including attorney’s
fees, arising out of your use or misuse of the Llkll.net Services, Llkll.net
Materials, representations made to the Supplier, its affiliates and/or third
parties, violation of these Terms, violation of the rights of any other person
or entity, or any breach of the foregoing representations, warranties, and
covenants. Supplier reserves the right, at its own expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify Supplier, and you agree to cooperate with such defense of these
claims.
15.3 Exclusion of Consequential and
Related Damages. IN NO EVENT WILL EITHER PARTY OR
ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR
ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN
ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN
IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS
ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT
PROHIBITED BY LAW.
16. Termination of These Terms
16.1 For Convenience. These Terms may be terminated for convenience upon written
notice to the other party as indicated in the “Notice” Section below:
17.2 Governing Law and Jurisdiction. In the event of a dispute, controversy or claim arising
out of or in relation to these Terms, including but not limited to the
formation, validity, breach or termination thereof, the parties shall attempt
to solve the matter amicably in mutual negotiations. In the event a mutually
acceptable resolution cannot be reached within a reasonable time, either party
will be entitled to seek all available remedies, including legal remedies
subject to the terms and conditions set forth below. Notwithstanding the
foregoing and subject to the terms and conditions set forth below, either party
may seek injunctive relief with respect to any disputed matter to the extent
possible under applicable law. Should an amicable settlement between parties
not be possible.
18. General Provisions
18.1 Relationship of the Parties. The parties will act solely as independent contractors.
These Terms shall not be construed as creating an agency, partnership, joint
venture, fiduciary duty, or any other form of legal association between the
Client and either Supplier, and the Client shall not represent to the contrary,
whether expressly, by implication, appearance or otherwise. These Terms are not
for the benefit of any third parties.
18.2 Severability. If any term, condition or provision of these Terms is held
to be invalid, unenforceable or illegal in whole or in part for any reason,
that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and
enforceability of the remaining terms, conditions or provisions, or portions of
them, shall not be affected.
18.3 Assignment. Client may not, directly or indirectly, in whole or in
part, by operation of law or otherwise, assign or transfer these Terms or
delegate any of its rights and/or obligations under these Terms without
Supplier’s prior written consent. Any attempted assignment, transfer or
delegation without such prior written consent will be void and unenforceable.
Notwithstanding the foregoing, the Client, or its permitted successive
assignees or transferees, may assign or transfer these Terms or delegate any
rights or obligations hereunder without consent: (1) to any entity controlled
by, or under common control with the Client, or its permitted successive
assignees or transferees; or (2) in connection with a merger, reorganization,
transfer, sale of assets or product lines, or change of control or ownership of
the Client, or its permitted successive assignees or transferees.
18.4 No Waiver. Failure of either Party to exercise or enforce any
provision of or any of its rights under these Terms shall not be deemed a
waiver of future enforcement of that or any other provision or right.
18.5 Notices. Except as otherwise specified in these Terms, all notices
related to these Terms will be in writing and will be effective upon (a)
personal delivery, (b) the second business day after mailing, or (c), except
for notices of termination or an indemnifiable claim (“Legal Notices”), which
shall clearly be identifiable as Legal Notices, the day of sending by email.
Billing-related notices to you will be addressed to the relevant billing
contact designated by you. All other notices to you will be addressed to the relevant
Services system administrator designated by you.