Welcome to Linka 

This Terms of Use sets forth the Agreement between you and Linka Technology Inc. (“we” or “us”) regarding your use of our web Platform and mobile application, specifically including each Storefront you create as an admin or join as a Member or visit as a prospective Member (collectively the “Platform”). Please read this Agreement, because it contains important information about your content (that you own), how information is shared between Admins and Members, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration.

This Terms of Use also applies to your use of our software at linka.ai and our web and mobile platform at www.thecreatorsmarketplace.com (“Web and mobile app”).

If you cannot agree to these Terms of Use, don’t use the Platform or visit our Website.

2 USING THE PLATFORM

A. How It Works

Our platform enables people to create or participate in our community marketplace, online courses, events, and subscriptions dedicated to an interest, passion, identity, or individual for free or for a fee. People who create a Storefront (“admins”) do so to invite people (“Members”) to connect with each other, to message, and to exchange information and content and purchase products, Platforms and event tickets.  Admins tailor their Storefront by adding their own branding, choosing which features they enable, the Members they invite, and the activities they organize in their Storefront. Sometimes admins require that Members agree to their own terms of use in addition to ours; in the event of a conflict between the Linka  Terms of Use and the Admin’s terms of use, the Linka Terms of Use governs except with respect to content licenses. Please read the Admin’s terms of use closely.

3 WHO CAN USE LINKA D/B/A THE CREATORS MARKETPLACE TCM

You must be at least the age of majority in the state or country where you live to create, participate or use the Platform

4 REGISTRATION

You will set up an account with The Creators Marketplace (a Linka Company). When you set up a profile with Linka, we treat registration information according to our Privacy Policy. Your name and contact information will be made available to your Linka and the storefront admin that you are engaging with. You are responsible for maintaining the confidentiality of your password.

5 PRIVACY

Our privacy practices are set forth in our Privacy Policy, which is part of this Agreement. By joining TCM, you are sharing personally identifiable information with the Admin, other Members, and Linka. When you visit our Website, you are sharing personally identifiable information with us.

6 ACCEPTABLE USE

When you create or join any Storefront, you agree to follow the Linka  Acceptable Use Policy at all times. We reserve the right, but have no obligation or liability for, monitoring any interactions with other Members or admins of the Platform. You may submit a complaint or concern about another Member or Admin to support@linka.ai

7 TERMINATION

You may close your Admin or Member account at any time by going to account settings and disabling your account. We may terminate your account if you violate the Linka  Acceptable Use Policy or for any other reason. We may suspend your use of the Platform or the Platform at any time for any reason, without any notice.

8 FEEDBACK

We welcome your feedback and suggestions about how to improve Linka . Submit feedback at support@linka.ai. By submitting feedback, you agree to grant us the right to use it for free.

9 YOUR CONTENT

You keep complete ownership of all content and activity in your Storefront. You give us permission to run your Storefront, such that content, data, and activity shows up. Make sure you have permission to use content that you post on Linka .

Your Content.

All material that you upload, publish or display to others via the app is “Your Content,” unless provided for otherwise by the Admin. The platform enables you to add posts, articles, photos, videos, questions, polls, links, files, events, groups, participate in livestream events, and chat with other Members. The Platform also allows you, if you are a Admin, to create a business name for your Storefront (“Your Storefront Name”), which will appear in a subdomain accessible directly to visitors and Members (e.g. thecreatorsmarketpalce.com/yourstore). If you are an admin, Your Content also includes Your Storefront Name. Material that a Member uploads, publishes, or displays to others via a Storefront is “User Generated Content”. Your Content, including User Generated Content, does not include Your Data (defined below).

10 YOUR CONTENT LICENSE TO USE

You (and the people you license Your Content from) keep complete ownership of all Your Content. By posting Your Content on the Platform, you grant us a license to show it, but you and your licensors still own it.

In legalese: In connection with your use of the Platform, you hereby grant and will grant Linka Technology Inc. and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Platform in any form, medium or technology now known or later developed, including publication and use on any Integrated Platforms (as defined below). This license includes the right for us to make Your Content available and sublicense rights to other entities and individuals who partner with us in the delivery of the Platform, including the right of the Admin of your Storefront to move Your Content to another platform. If you join a Storefront that is Paid, Private or Secret, rather than Public, only we, your Admin and Members who are invited to join that Storefront will be able to see Your Content that you post on that Storefront. Linka Technology Inc. may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Linka Technology Inc., its Users and the public. The technical processing and transmission of Your Content may involve transmissions over various Storefronts and changes to conform to technical requirements of connecting Storefronts or devices.

11 YOUR DATA

If you are an Admin you own the list of Member emails and contact information (“Membership List”) and grant us the license to use it to provide the Platform. If you are an Admin, you also own data or insights (“Your Data”) that: i) you collect during your use of the Platform, or ii) we provide you through the Linka Insights dashboard and you export or download during the term. If you are a Website visitor, Storefront visitor, Member, or Admin, our Privacy Policy describes how we use your personal information.

12 MANAGING CONTENT AND COMMUNICATIONS

We reserve the right but do not have the obligation to: (a) monitor the App for violations of these Terms of Use; (b) take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use; (c) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s User Content or any portion thereof that may violate these Terms of Use or any policy of ours; (d) terminate and delete Accounts (including information stored in connection with accounts) without liability to you; and (e) to otherwise manage the App in a manner designed to protect our rights and the rights of others and to facilitate the proper functioning of the App. We make no representation that we will keep or save your User Content; all such content may be deleted by us in our sole discretion without liability. In addition, to the maximum extent permitted by law, we will have no liability related to User Content.

13 PERSONAL INFORMATION AND PRIVACY

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of the Company or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

14 RESPECT RIGHTS IN OTHER’S USER GENERATED CONTENT.

As Members and visitors, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit User Generated Content without the prior written permission of the User Generated Content owner. Storefront Members, visitors, and admins may not use User Generated Content in connection with: (1) the development of any software program, including but not limited to, training a machine learning or artificial intelligence (AI) system; or (2) providing archived or cached data sets containing User Generated Content to another person or entity. Except for a public search engine’s use of spiders for creating search indices, you may not use robots, spiders, scripts, Platforms, software or any manual or automatic device, tool, or process designed to data mine or scrape the User Generated Content, data or information from the Platforms, or otherwise use, access, or collect the User Generated Content, data or information from the Platforms using automated means.

15 LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR ATTORNEYS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE APP OR ANY OF THE MATERIALS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US DURING THE 12-MONTH PERIOD PRIOR TO THE CLAIM.

16 PERSONAL INFORMATION AND PRIVACY

(a) You may terminate your subscription at any time and, upon such termination, we will not charge you for new subscription terms. Instead, the current subscription term will continue until its expiration but it will not renew. You may terminate the subscription by navigating to the “Subscription” tab and clicking the “Cancel” button. A termination of your subscription will terminate your membership with Company name.

(b) We may terminate your subscription at any time and for any reason, provided, however, that if we terminate your subscription prior to the end of your paid-for subscription term for reasons other than your violation of our Terms of Use or your membership terms with the Company name, we will refund you on a prorated basis for the unused part of the subscription term.

17 SUBSCRIPTION TERMS

These subscription terms are made part of the Terms of Use , and terms not defined in this document have the meaning ascribed to them in the Terms of Use. By subscribing to our Services, you agree to the following term.

Subscription. You may purchase either a month-to-month subscription or an annual subscription. The current subscription fee for a month-to-month subscription is __per month, plus applicable tax (if any). Subscriptions are recurring. This means that at the monthly or annual anniversary of your sign-up date (as the case may be), the subscription will automatically renew for the same period of time (either for subsequent one-month periods or for annual periods, as the case may be) and we will automatically charge your credit card on file for additional subscription terms, unless and until you terminate the subscription. Upon termination of your subscription, we will cease to renew your subscription for additional terms, but your subscription will continue for the remainder of the then current subscription term.

Company Name. Your subscription fee also covers your membership to the Company name, and such membership will continue for the duration of your subscription. Your membership is subject to the Company name’ membership terms. Please contact Company name to obtain information about their membership terms and conditions.

18 COPYRIGHT AND TRADEMARK POLICIES

The Linka Copyright Policy and Linka  Trademark Policy are incorporated by reference into this Agreement. If you believe that your intellectual property is being violated on the Platform or the Website, you can submit a complaint and request for takedown of specific material at support@linka.ai.

Platform Materials

All right, title, and interest in the Platform and the Website, including the Linka  buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, Your Data, third-party web Platforms or third-party content linked to or posted within the Platform) (collectively “Platform Materials”) are the property of Linka Technology Inc. and/or its licensors. The Linka  name and logo, the Linka  mark, the Linka  logo are trademarks and Platform marks of Linka . We retain all right, title, and interest in and to the Platform Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Platform Materials without our express written permission.

Our Licenses to You.

Subject to these terms, including our Linka  Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access the Platform Materials and the Platform, as well as the Website. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

No Endorsement or Screening.

Please note that the Platform contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within a Storefront, or the conduct of parties who participate in a Storefront.

19 RIGHTS AND OBLIGATIONS OF ADMINS

Emails and Contact Information of Members

The name and contact information of Members who register to join a specific Storefront become available to that Storefront’s admins in order to facilitate communications. An Admin may use the Membership List solely to communicate with a Member for purposes related to the Storefront or the reasonably assumed interests of the Member who has joined the Storefront. A Admin agrees not to: i) sell the Membership List to a third-party, or ii) or use or disclose it for commercial purposes unrelated to the Storefront or the interest of Member who joined the Storefront.

Representation and Warranty of admins

If you are a Admin, it is important for you to respect and honor the trust of Members who join the Storefront you created. If you are a Admin, you represent and warrant that, in your communications with Members and handling of Your Data, you: i) will comply with all applicable laws and regulations; and ii) will honor the restrictions set forth in Section 5(a). If you are a Admin, you also represent and warrant that all advertising, sponsorships, and promotions you introduce to your Storefront will comply with all applicable laws, regulations, and industry guidelines, including but not limited to the FTC December 2015 guidance regarding native advertising. If you are a Admin with Members in the European Union or UK, or other jurisdiction that requires opt-in consent before sending email, you represent and warrant that you have obtained user consent prior to sending emails outside of the Platform, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails.

Takedown Assistance

In the event that a party misdirects a takedown request directly to the Admin (within or outside of the Platform), the Admin will redirect the takedown request directly to suppport@linka.ai within two (2) business days.

20 INTEGRATED PLATFORMS

You may enable various online Platforms like Facebook to be integrated into your Linka  Admin or Member account or Storefront (“Integrated Platforms”). For example, you may be able to share or access your Storefront activity on Integrated Platforms such as Facebook. To take advantage of these features, we may ask you to register for or log into the Integrated Platforms on the websites of their providers. By enabling Integrated Platforms in connection with the Platform, you are allowing us to pass to, and receive from, these Integrated Platforms your login information and other data for use in connection with the Platform and/or the Integrated Platforms. For more information about the implications of activating these Integrated Platforms and our use, storage, and disclosure of information related to you and your use of such Platforms within Linka  (including your friend lists and the like), please see our Privacy Policy.

*However, please remember that your use of any Integrated Platforms, and the manner in which any Integrated Platforms offer or perform their Platforms and collect, use, store, and disclose your information is governed solely by the terms of use, privacy policies, and other policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Platforms * or any other third party site or Platform, whether or not they are directly enabled within the Platform.