Terms of Service
This website is operated by Custom Links. Throughout the site, the terms “we”, “us” and “our” refer to Custom Links. Custom Links offers this website, plugins and software applications, including all information, tools and services (collectively, the “Services”) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By registering for and/or using the Services in any manner, including but not limited to visiting, browsing and using the Services to shorten a uniform resource locator (“URL”), you engage in our Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, users who are browsers, customers, and/or contributors of content, information, and other materials or services, registered or otherwise.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Any new features or tools which are added to the current website also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
By agreeing to these Terms of Service, you warrant and represent that you are at least 13 years of age. If you are under age 13, you may not use the Services. Custom links may refuse to provide the Services to any person or entity and change its eligibility criteria at any time.
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you. If the Terms of Service or use of the Services is prohibited or if the offering, sale or provision of the Services conflicts with any applicable law, rule or regulation in your country, state or province, the right to access and use the Services is revoked.
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Service, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.
You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The Services are offered only for your use, and not for the use or benefit of any third party.
We reserve the right to refuse service to anyone for any reason at any time.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3 - MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 - SERVICES
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a situational and case-by-case basis. We reserve the right to limit the quantities, quality and aspects of any Services that we offer.
All descriptions of Services pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time.
We do not warrant that the quality of Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any subscriptions you purchase from us. We may, in our sole discretion, limit or cancel subscriptions purchased per person or per company. These restrictions may include subscriptions bought by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You shall not select or use, as your username, the name of another person with the intent to impersonate that person, a name subject to any rights of a person or entity other than you without appropriate authorization or a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on your Custom Links account and for keeping your account secure. In case of any breach of security or unauthorized use of your account you must notify us immediately. You shall never publish login information for your account. Without clear permission you are not allowed to use other accounts than your own.
SECTION 6 - CONTENT
The term “Content” in these Terms of Service includes, without limitation, shortened URLs, URLS, data, metrics, videos, written posts, information, text, photographs, software, scripts and graphics generated, provided, or otherwise made accessible on or through the Services.
You acknowledge and agree that all metric that are generated and gathered are owned by Custom Links, and we have the right to use, license or otherwise dispose of the metrics for any purpose. However, Custom Links will never sell your data or metrics.
All Content added, created, uploaded, submitted to the Services by users, is the sole responsibility of the user who originated it. You understand that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from you accessing Content by using the Services.
When you delete your user Content, it will be removed from the Services. However, you acknowledge that certain user Content will remain available and any removed user Content may be stored in backup copies on our servers for a period of time. A period time which we, at our sole discretion, find reasonable.
The Services contain Content specifically provided by Custom Links and such Content is protected or will be protected by copyrights, trademarks or other proprietary rights and laws. You agree to abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services of Custom Links.
You grant Custom Links a worldwide, sublicensable and transferable non-exclusive, royalty-free, fully paid license to edit, use, reproduce, modify, distribute, prepare derivative works of, display, and otherwise fully exploit the user Content in connection with the Services and Custom Links’ business activities, including, without limitation, for promoting the Services through any media channels, by submitting user Content through the Services. You represent and warrant that you have all rights to grant such licenses to Custom Links without infringement or violation of any third party rights.
Custom Links do not guarantee that any Content will be made available through the Services.
We have no obligation to monitor the Services. However, Custom Links reserves the right to edit, remove, or modify any Content, in its sole discretion, at any time, without notice to you and for any reason and remove or block any Content from the Services. Your content will be available so long as we do not decide to discontinue our Services and remain in business. We can, at our sole discretion, decide to end the Services anytime and for any reason.
SECTION 7 - OPTIONAL TOOLS, THIRD-PARTY SERVICES AND LINKS
Certain content, products and services available via our Services may include materials from third-parties.
We provide browser plugins and other software applications that you can download to access and use the Services. As long as you comply with these Terms of Service, you have the right to use this software to access and subsequently make use of the Services. You may not edit, modify, re-distribute, or sell the software, nor may you decompile or attempt to extract the source code of that software.
We may also provide you with access to third-party tools over which we neither monitor nor have any input nor control. You acknowledge that we provide access to such tools ”as is” and “as available” without any representations, warranties, or conditions of any kind and without any endorsement. We shall have no liability whatsoever, in any way, arising from or relating to your use of optional third-party tools, even when advised.
Any use by you of optional third party tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-party links on this website may direct you to third-party websites that are not affiliated with Custom Links. We are not responsible for evaluating and examining the content or accuracy and we will not have any liability or responsibility or do not warrant for any third-party materials or websites, or for any other materials, products, or services of third-parties.
In some cases, it may be preferable for users, for optimal use of our Services, to purchase a new branded short domain from a third party vendor. We are not liable for any harm, cost or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites, even when advised to by us. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to Custom Links.
The Services may allow you to link to other websites, services or resources on the internet and vice versa, other websites, services or resources may contain links to the Services of Custom Links. When you access third party websites, services or resources on the Internet, you do so at your own risk. These other websites, services or resources are not under the control of Custom Links, and you acknowledge that Custom Links is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such services, websites or resources. The inclusion of any such link does not imply endorsement by Custom Links or any association with the operators of the such links. You further acknowledge and agree that Custom Links shall not be responsible or liable for any damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website, service or resource.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send or submit us, at our request or without a request from us, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to maintain any Comments in confidence; to pay compensation for any Comments; or to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 - CODE OF CONDUCT
You promise not to use the Services for any purpose that is prohibited by these Terms of Service. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses. You are responsible for all of your activity in connection with the Services of Custom Links.
You are prohibited from using the website, or its content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
You shall not, and shall not allow any third party to, either take any action or upload, download, submit, post or otherwise distribute or facilitate distribution of any Content on or through the Service that: impersonates any person or entity; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual obligations; is unlawful; includes anyone’s identification documents or sensitive financial information; contains any other computer codes, files, or programs that are designed or intended to limit, damage, disrupt or interfere with the proper function of any software, hardware, or to damage or obtain unauthorized access to any system, data, password or other information of Custom links, its users or any third party; or is otherwise determined, at its sole discretion by Custom links, to be inappropriate.
You shall not: use manual or automated software, devices, or other processes to spider or crawl the page of the Services; bypass any measures Custom Links may use to prevent or restrict access to the Services, other accounts, computer systems or networks connected to the Services; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run any form of spam or auto-responder on the Services; perform any action that imposes or may impose a disproportionately large load on the infrastructure of Custom Links or its third party providers; scrape any Content from the Services; or otherwise take any action in violation of Custom Links guidelines and policies.
You shall not: modify or otherwise create derivative works of any part of the Services; decipher, decompile or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of the Services; or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive. You shall abide by all applicable local, state, national and international laws and regulations.
Custom Links also reserves the right to read, access, preserve, and disclose any information as we believe is necessary to satisfy any applicable law, regulation, legal process or governmental request; enforce these Terms of Service, including investigation of potential violations of the Terms of Service; prevent, detect or otherwise address fraud, security or technical issues; respond to user support requests; or protect the rights, property or safety of Custom Links, its users and the public. This may include exchanging information with other firms and organizations to prevent and protect for fraud and spam.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel subscriptions if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have subscripted).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that information in the Services or on any related website has been modified or updated.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services, the Content and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Custom links, and its directors, employees, suppliers, partners do not guarantee, represent warrant that your use of our Services will be uninterrupted, timely, secure or error-free; the results that may be obtained from the use of the Services will be accurate or reliable; that the results of using the services will meet your requirements. Your use of the service is solely at your own risk; the services will be secure or available at any particular time or location; any defects or errors will be corrected; any content or software available at or through the Services is free of viruses or harmful component. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
In no case shall Custom Links, our directors, representatives, officers, employees, affiliates, agents, contractors, interns, suppliers, content, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, loss due to the procurement of substitute goods or services, loss due to the substitution of goods or services (however arising), loss due to do damages made by any bugs, viruses, Trojan horses, or the like (regardless of the source of origination) or any similar damages, whether based in contract, tort, strict liability, negligence or any other legal or equitable theory, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Notwithstanding the foregoing, under no circumstances shall such liability exceed any damages in excess of fifty euro in the aggregate. Because some counties, provinces or states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, provinces, states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Custom links makes no guaranty of privacy or confidentiality of any communication or information transmitted on the services or any websites linked to the Services. Custom Links will not be liable for the privacy of disk space, communications, e-mail addresses, registration and identification information, confidential information, or any other Content transmitted over networks accessed by the Services, stored on Custom Links equipment, or otherwise connected with your use of the Services.
You acknowledge and agree that Custom Links has no control over, and no duty to take any action regarding: what effects the Content may have on you; which users gains access to the Services of Custom Links; how you may interpret or use the Content; what Content you access via the Services; or what actions you may take as a result of having been exposed to the Content.
You release Custom Links from all liability for you having acquired or not acquired Content through the Services. The Services may direct you to, or contain, websites containing, information that some people may find inappropriate or offensive. Custom Links will not be responsible or liable for the copyright compliance, accuracy, legality or decency of material contained in or accessed through the Services and Custom Links makes no representations nor warranties concerning any Content contained in or accessed through the Services.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Custom Links and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or which otherwise arise from your user Content, violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Custom Links reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Custom Links in asserting any available defenses.
SECTION 14 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including date of termination and/or accordingly may deny you access to our Services (or any part of the Services). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Custom Link holds the right to terminate your access to all or any part of the Services at any time, effective immediately, with or without cause, with or without notice, which may result in the destruction and forfeiture of all information associated with your Custom Links account. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of your access for all purposes. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Custom Links holds no responsibility for any user cost related to a termination.
SECTION 15 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and Custom links with respect to the Services and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Custom Links (including, but not limited to, any prior versions of the Terms of Service) with respect to the services.
The failure of Custom Links to exercise or enforce any provision or right of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. A waiver of compliance in any particular instance, does in no case mean that we will do so in the future situations. Custom Links must provide you with written notice of such waiver, issued by one of its authorized representatives, in order for any waiver of compliance with these Terms of Service to be binding.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Custom Links shall not be liable for any failure to perform its obligations where such failure results from any cause beyond our reasonable control.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Custom Link prior written consent. Custom Links may assign, transfer or delegate any of its rights and obligations without consent.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; or the day after it is sent; when receipt is electronically confirmed; if transmitted by e-mail.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, invalid, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law so that these Terms of Service will otherwise remain in full force and effect and enforceable, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of the Netherlands.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 - CONTACT INFORMATION
Effective Date of Terms of Service: October 29, 2015.