The Lynk & Co Account

Registration.

To register a Lynk & Co Account you must accept these Terms of Use. By accepting these Terms of Use, you undertake to comply with them for your use of the Account. The Lynk & Co Account is free of charge.

To register a Lynk & Co Account you must be at least 18 years old and have the right to enter into agreements according to applicable mandatory law in your country of residence. The latter normally means that you cannot be subject to guardianship or similar.

To create an Account, you must register an email address that you own and operate. You may not register for or hold multiple accounts.

Our Services.

The Lynk & Co Account is necessary to fully access and buy many of our Services. When using your Account to sign-up for Lynk & Co Services, additional terms may apply. 

User responsibility.

You are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices under these Terms of Use and where applicable, your payment information. You may not use false or misleading information in connection to your Account, or trade on the name or reputation of others. 
In addition to these Terms of Use, you must also comply with any reasonable and relevant rules and policies that we publish on any of our platforms.

Password confidentiality.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You shall not reveal password to any unauthorized person and shall ensure that any documents revealing the username and password is stored in a way that prevents unauthorized access to the information. You must immediately notify us of any unauthorized use of your information, your Account or any other security breaches. Lynk & Co will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. 

If we suspect that your Account or login information is misused or if the usage otherwise violates the Terms of Use, we have the right to suspend your Account and/or assign you with new login details. 

Use of Account.

You may not use your Account for any activity which, in Lynk & Co’s sole discretion, is decided to be illegal, unethical, criminal or otherwise an objectionable activity, including but not limited to:

(i) copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the content made available through the Account, in any way or publicly display, perform, distribute or otherwise attempt to reconstruct or discover the construction of the Account, 

(ii) make any use of the content on any other website or networked computer environment for any purpose, or replicate or copy the content without Lynk & Co’s prior written consent, 

(iii) create a browser or border environment around the content (no frames or inline linking), 

(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Services without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine, 

(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, 

(vi) transmit or otherwise make available in connection with the Account any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component, 

(vii) interfere with or disrupt the operation of the Account, or the servers or networks that host or make the Account available, or disobey any requirements, procedures, policies, or regulations of such servers or networks, 

(viii) sell, license, or exploit for any commercial purposes any use of or access to your Account, 

(ix) frame or mirror any part of the Account without Lynk & Co’s prior express written authorization, 

(x) create a database by systematically downloading and storing all or any of the content from the Account, 

(xi) forward any data generated from the Account without the prior written consent of Lynk & Co, 

(xii) transfer or assign your Account’s password, even temporarily, to a third party, 

(xiii) use the Account for any illegal, immoral or unauthorized purpose, or 

(xiv) use the Account or its content for non-personal or commercial purposes (including marketing) without Lynk & Co’s express prior written consent.

Lynk & Co have the right to monitor and moderate all activity assignable to the use of the Account, including the adherence to the Terms of Use.

Personal Data.

Lynk & Co will be the data controller for the processing of your personal data when you register and use the Account. Information regarding our processing of your personal data can be found in Lynk & Co´s Privacy Policy.

Intellectual property.

Lynk & Co and our licensors holds any and all rights, including intellectual property rights and database rights, to the Account and no rights are transferred or licensed to the user except as expressly set forth in these Terms of Use. 

You may not copy or download any content from the Account unless you are expressly authorised by us to do so. Making unauthorised copies of content made available through your Account may result in the termination of your Account, prohibition to use the Account and further legal actions.

Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Account, in any manner or means without the prior written consent by us, is strictly forbidden. “Lynk & Co”, the Lynk & Co logo, and other trade or website marks are property of Lynk & Co and may not be used in any of the aforementioned means.

Any design or interactive features of the Account that may be created or that are specifically created and not protected under open source or license is a protected work under copyright laws and all its intellectual property rights remain the exclusive proprietary of Lynk & Co.

Device usage.

You acknowledge and agree that your use of the Account must also be in accordance with the usage rules established by your mobile phone carrier or internet service provider. We do not warrant that the use of the Account will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your devices. 

You acknowledge, understand, and consent to, that if accessed by a terminal device, the use of the Account may require data access, storage and text messaging capabilities. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.

Links and commercial information.

We may incorporate advertisements or information of commercial nature in the context of providing the Account. The source of such information may originate from Lynk & Co or from third parties. If such information originates from third parties, we cannot guarantee its reliability or accuracy.

If the Account includes links to other websites or applications not operated or managed by us, we will not, to the fullest extent permitted by applicable law, be liable for any form of liability arising from your reliance on, or in connection with, the content of such websites and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date.
We will not, to the fullest extent permitted by applicable law, be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of websites you have accessed via links provided through the Account.

Maintenance and support.

Although it is our ambition, we cannot guarantee to provide the Account without technical disruptions. The Account is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any other applicable statutory warranties (to the fullest extent permitted by applicable law).


We reserve the right to interrupt the Account from time to time and/or restrict the access to your Account with or without prior notice in order to perform for example maintenance, service, support, safety or for technical reasons. We have the right at any time to change and eliminate any aspect(s) of the Services for valid reasons.

If there is any problem with your Account, Lynk & Co should be contacted. If you experience that the Account is faulty, it is important that Lynk & Co is informed as soon as possible. 

Limitation of liability.

To the fullest extent permitted by applicable law in your country of residence, Lynk & Co will in no event be liable to you for any damages, including without limitation any lost profits, lost savings or other indirect, special, incidental, punitive, or consequential damages arising out of your use of the Account, including but not limited to any restrictions to seek protection for any invention, idea, contribution or similar by it having been made public through your use of the Account.

Term, termination and changes.

These Terms of Use and the agreement between you and Lynk & Co enter into effect when you register your Account and will remain in force until further notice as long as you have an Account. We reserve the right to make changes and amendments to these Terms of Use from time to time. Changes will become valid once you have accepted the new Terms of Use or 30 days after we have informed you about the changes. You are entitled to terminate your Account with immediate notice when you become aware about such modification. 

We may, at our sole discretion, remove or block any hosted content (including, but not limited to comments, data, information, graphics, photographs, images, illustrations, and video clips) from the Account without prior notice or liability for any reason whatsoever. We reserve the right to take legal or technical steps to ban any user from the Account without prior notice or liability, if this user is believed to be violating the Terms of Use.

You may terminate your Account at any time and for whatever reason. This right of termination may however be limited by your use of other Lynk & Co Services, the provision of which may require an Account. 

You acknowledge that you have read these Terms of Use, understand them and agree to be bound by them. 
If any provision of these Terms of Use is to be held invalid or unenforceable by any competent court, authority, arbitral tribunal, or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.

Assignment. 

Governing law and disputes.

Special terms

Co:lab Terms of Use.

The following additional terms (“Terms of Use”) apply to your participation on the Co:lab platform, accessible with your Account. These Terms of Use apply in conjunction with the terms of use for your account.

By submitting content to Co:lab 

(i) you acknowledge that you understand that by submitting information, drawings or any other description of your idea, invention or similar contribution, regardless of format, on Co:lab (the “Idea”) you are making it available to the public and may thereby be prevented from seeking protection, such as patent, design protection etc. for the Idea in the future,

(ii) agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation and that we are free to use, share, and distribute the Idea without any additional compensation to you or to disclose the Idea on a non-confidential basis or otherwise to anyone, 

(iii) acknowledge that we do not waive any rights to use similar or related ideas previously known to us, developed by our employees or obtained from sources other than you,

(iv) warrant that any Idea submitted to Co:lab represents your own original work and that you have all necessary rights to disclose it to the public, assign it to us and that the Idea otherwise is in accordance with these Terms of Use and you may not submit any Ideas containing confidential information, trade secrets or intellectual property rights belonging to a third party,

(v) warrant that you will not seek protection, including but not limited to patent, design protection etc. for any idea that might be related to the submitted Idea to Co:lab that prevents us from commercializing the idea submitted to Co:lab, and

(vi) agree that we can make all content submitted by you available to other users when using Co:lab.

We reserve the right to, without liability and in our sole discretion decide, suspend, terminate, limit, or otherwise sanction your Co:lab membership and the use of Co:lab if you violate these Terms of Use or Lynk & Co’s instructions, as well as to take any other action required or permitted under any applicable laws.

Maintenance.

The Platform is provided on an “as is” basis and Lynk & Co does not make any representations or warranties regarding its availability. We reserve the right to limit or terminate the Co:lab platform for valid reasons at any time without notice.

We are not responsible for Ideas not received due to lost, failed, delayed or interrupted connections or miscommunications or other electronic malfunctions. 

Submitting your Co:lab idea.

Co:lab invites you to submit your own Ideas as suggestions for potential future Lynk & Co products or services or improvements of existing products or services. This can either be done on the Co:lab website, or using the in-car app. 

The submission of your Ideas to Co:lab is entirely voluntary, non-confidential, gratuitous, and non-committal for us. You understand that we, or any other user, may be working on the same or similar ideas, that the Ideas or parts of the Ideas may already be known from other sources, that the Ideas or parts of the Ideas may already be developed on Lynk & Co’s own account or that we may have taken/will take some other action.

Assignment of all intellectual property rights.

To the extent that your submitted Ideas to Co:lab give rise to any intellectual property right (including but not limited to copyright, patent rights, design rights etc.) in its entirety, partly or inspires us to protect or commercialize an Idea, you hereby irrevocably, freely assign and transfer to Lynk & Co all rights, titles and interest to the largest extent possible, to the Idea generated by you, registered or not. You agree that we can use your Ideas in any way and for any purpose, including to reproduce, manufacture, copy, adapt, modify, perform, display, publish, sell, transfer, assign, sub-license, broadcast, transmit, or communicate to the public by any means whether now known or unknown and distribute your contributions for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. Any right or interest you may acquire, whether registered or not, (in particular any goodwill) is hereby assigned to Lynk & Co.

Commercialization and Compensation of your Ideas.

We choose in our sole discretion whether to commercialize your Ideas through Co:lab. If we decide to further investigate your Idea, we will try to give feedback when possible. If you do not get a response we may have rejected your Idea. If your Idea is approved by us, we will try to inform you of our decision and anticipated time frame for the project, however without any obligation or responsibility to develop or commercialize the Idea. 
As consideration for your submitted Ideas you will have access to Co:lab, its content and services and will be able to discuss Ideas with us and other users, subject to the restrictions and limitations in these Terms of Use.

You hereby revoke all rights or any claims to any rights or compensation outside what is expressly stated in these Terms of Use.
Should we decide to commercialize your Ideas through Co:lab, partly or in its entirety, you may be compensated according to any applicable mandatory law or at Lynk & Co’s sole discretion on a case by case basis.

The compensation set out in this section is the only compensation we will pay for the published Ideas and, regardless of the extent of Lynk & Co’s use or the size of earned or saved money due the use of, or influences from, an Idea. You will not be compensated further unless dictated by mandatory rules. You agree not to take advantage of Co:lab for commercial gain outside of the context of Co:lab. Therefore, you may not sell any items, physical or digital, related to content you have submitted and later delete or remove from Co:lab.

Taxes.

Reporting any compensation received, and paying any taxes due, to your home tax authorities are solely your responsibility. We are not responsible for and will not pay any taxes imposed by your home tax authorities. All payments made under these Terms of Use shall be free and clear of any and all taxes, duties, levies, fees or other charges, except to the extent we are obliged to withhold taxes according to law.