TERMS & CONDITIONS Effective as of June 12, 2020
This policy governs your use of the Linq website and app (the "Website” and the “App”). The Website and App are designed to allow users to make class/series purchases, register for classes, book spots, use specific tools, and communicate with teachers/experts and Linq ("Linq").
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website or App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.When you visit the Website or App, or communicate with Linq via email, you are communicating electronically. You consent to receive communications from Linq electronically. Linq will communicate with you by email or by posting notifications on the Website and App. You understand and agree that all agreements, notices, disclosures, and other communications that Linq provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
Linq does not collect any personal information about individuals -- such as names and postal codes, home addresses, and email addresses -- except when such information is knowingly provided to Linq. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website and App. Any personal identification information retrieved by Linq must be voluntarily submitted by the user.Linq or its brands partners may use the information provided to contact you with important information, required notices, and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
The Website and App collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website and App, which allows Linq to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
Linq makes every effort to ensure that all of the transactions that occur on the Website and App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
WHAT IS A SECURE CONNECTION?
When a secure connection is established between your browser and a website or app, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional 's' stands for "secure" and indicates a secure connection to the Linq website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
HOW INFORMATION IS USED
The following are examples of how Linq might use the personal information collected through the Website and App:* If you purchase a subscription, sign up for a class, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.* If you indicate that you are interested in receiving Linq related news and information, you may receive emails to the email address you provided as part of the registration process.If you have access to exclusive content sponsored by a brand, you might be asked to provide your email address. In this case, the brand will collect your information and might use for newsletters in the future.For the non-personally identifiable information collected throughout the Website and App:* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website and app and the overall Linq experience.You can help Linq maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. Linq will never share telephone numbers, email addresses, or any personal data with third parties.Linq reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
PRIVACY OF MINORS
If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. Linq does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18.A parent or guardian must sign waiver on behalf of a minor before the minor shall be permitted to participate in a class. A minor must be at least 13 years of age and at least 5 feet tall to participate in an in-person class.If Linq discovers that personal information has been submitted by a minor without a signed participant/registration waiver, Linq reserves the right to delete such information. Linq does not seek or share personal information from minors throughout the Website or App.
RIGHT TO USE
Using Linq platform as a teacher/expert is totally free. You have to create an account before using the platform. If you intend to charge students for your class and use Linq platform, it is absolutely forbidden to use Linq’s services (scheduling, live streaming, etc.) and use a third-party app to manage payments. If you intend to give a paid class and use Linq’s platform, payment must be managed within Linq. In the case you don’t respect this term, Linq will have the right to charge you a fee of $6 for each guest who will have attended the class.
TYPE OF CLASS
From your account, you can create as many classes as you want. You manage your own calendar and decide the price of each class. To attend your class, students will have to pay through Linq’s payment system.
RIGHT TO CANCEL
You may need to cancel a class. You can click directly on the button “cancel class” in your Linq’s calendar. Linq will refund the purchase to the clients who were pre-registered.
OPTIONS & COMMISSIONS
As a teacher/expert, you decide the price for each class. Linq will automatically add a $2 commission on each ticket sold + the credit card processing fees (2.9%). The price you ask to the students to attend the class is the one that Linq will pay you (minus the payment processing fees of 2.9%)
In your profile, you have access to your payment balance. You decide when you want to receive your payment by clicking on “request payment”. Once requested, the payment takes 72 hours on average. You receive the full amount of the tickets sold minus the 2.9% commission for payment processing.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and logo of Linq are proprietary to Linq and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Linq. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.Any other use of materials on the Website or App, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Linq, is strictly prohibited.You acknowledge that Linq and/or third-party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. Linq may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.As between you and Linq, you own all content that you submit to Linq. You grant Linq and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of Linq’s services permission to view your content for their personal, non-commercial purposes.In participating in Linq’s classes, you may be photographed, videoed or otherwise recorded by Linq or third parties authorized by Linq in its or such third parties producing of content which among other things Linq or such third parties may use to advertise, report upon, market and/or promote Linq and its services. You hereby consent to such usage of your imagery (including those of minors that you may sign up for participation in Linq classes for all and any such purpose by Linq and such third parties and hereby agree that Linq and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.
NOT AUTHORIZED TO PERFORM DATA MINING - You are not authorized without the prior written permission of Linq to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or App or accessed through this Website or App. You also may not engage in the mass downloading of files from this Website and App; use the computer processing power of this Website and App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites or apps to this Website and App.
NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSESUsers are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of Linq's material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website or App in connection with the sale or resale of any Linq products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website or App. Furthermore, Linq’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use Linq’s material will automatically terminate and any copies made of Linq's material must be immediately destroyed.Any unauthorized use of Linq’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will Linq be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website or App, or on any other linked/third-party website and/or app, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Linq expressly advised of the possibility of such damage.All information is provided by Linq on an "as is" basis only. Linq provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
CHOICE OF LAW
The Website and App, and your use hereof, is governed by the laws of the State of New York, without regard to New York's choice of law provisions. Any claim arising out of your use of this Website and App must be brought in New York.
Occasional changes may be made to this document as new services and content are added to the Website and App to reflect changes in Linq’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.
ACCEPTANCE OF TERMS
By using the Website or App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website and App. Your continued use of the Website and App following the posting of changes to these terms will indicate your acceptance of those changes.