Bloop Terms and conditions

Terms and Conditions

Latest update April 2024

The Bloop Marketplace is hosted and managed by LINEWORK USA INC., a Delaware corporation doing business as Linework (“Linework”, “we”, “us”, or “our”), registered in Delaware with our registered office at 60 Brickell Key Dr., Suite 700, Miami FL – 33131. These Terms & Conditions (hereinafter “Terms”) are a legally binding agreement between you (the “User”) and Linework regarding your access and use of the Bloop Marketplace (hereinafter, the “Service”). BY ACCESSING OUR SERVICE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM AND BE LEGALLY BOUND BY THEM.

1. INTRODUCTION

1.1 Please read these Terms carefully, because they set forth the terms and conditions by which you may access and use the Service. In particular, please read Section 17 (Liability Limitations; Warranty Disclaimers) carefully as it affects your rights and will have a substantial impact on how claims between you and Linework are resolved. If you do not agree on these Terms, you are not authorised to access or use the Service. If you agree to these Terms, you will be able to access and use our Service as a Visitor or as a User. And you will have the opportunity to be a Buyer and a Seller of Items on the Service. Linework does not buy, sell, exchange, or donate Items shown on the Service. Linework is an online hosting service and offers Intermediary Services. Linework functions as an intermediary between private buyers and sellers, and Linework is not a party to any Transactions between Users. Capitalised Terms are defined in Section 2 of these Terms).

1.2 The Service is not intended for access or use by persons who are under 18 years old. You must be 18 years old or older to register and use the Service. Do not create a User account or otherwise use the Service if you are not authorised to do so.

1.3 To buy, sell, exchange, or donate Items on the Service and use certain other Services, you must first register on the Service and create a User account. By agreeing on the Terms on the Service, you agree to provide true, accurate, current, and complete information when requested by us. You must always maintain and promptly update your Account information to always keep such information current and complete. Through the registration process, a Seller provides an email address, a username (a pseudonym for use on the Service), and a password to enable the Service to identify the User each time they access the Service. Linework may request a User to verify their Account via email.

1.5 In our sole discretion, we may amend these Terms from time to time. We will update the “Last Updated” date at the top of these Terms, which reflect the effective date of the updated Terms. We may also inform you about material changes to these Terms through the Help Center or by sending you a message and/or email. The updated Terms shall become effective and replace the prior Terms at the time of posting. If you do not agree with or accept the updated Terms, (i) you should not continue to access and use the Service after the effective date of the updated Terms and (ii) you should terminate your relationship with Linework (as further described in Section 16.1). You will be deemed to have accepted the updated Terms if you continue to access and use the Service after the updated Terms become effective.

2. DEFINITIONS

When the following capitalised terms are used in these Terms, they have the definitions outlined in this section. Please refer to this section whenever you see a capitalised term.

Additional Service(s) – Additional services provided by Linework and offered on the App, which require an additional fee and may be subject to additional terms and conditions; please see the [LINK to differents subscription plans] for more information about these services.

Buyer – Any User who buys or wishes to buy one or more Item(s) through the Service.

Buyer Protection – The Buyer protection service provided for a fee (payable by the Buyer) to Buyers by Linework when a purchase is made selecting the “Apply Buyer Protection” on the Service; please see the description of [LINK] on our website for more details regarding the features of this service.

Catalogue – The electronic catalogue of Items that Sellers have made available to sell, exchange, or donate via the Service; the catalogue has different sections for different categories of Items.

Catalogue Rules – The rules for the Catalog, including what Items Users may list on the Service; Linework may update the Catalog Rules from time to time. The current link to catalog rules is available on the Service.

Checkout – The checkout process available to Buyers to purchase Items on the Service; the process (i) is initiated when a Buyer clicks on the “Buy now” button or “Check Out” button in the chart, (ii) requires the Buyer to choose a payment method and specify a delivery address, and (iii) is concluded when the Buyer clicks the “Pay now” button on the checkout page.

Integrated Payment Service – The online payment service allowing users to pay for Items and Services on the Service.

Integrated Shipping Service – The shipping and delivery service paid for by the Buyer, enabling the Seller to deliver the Item to the Buyer, with the shipping, transport, and delivery services further described in Section 7.

Item(s) – The goods/items that Users list in the Catalog on the Service to sell, exchange, or donate the goods/items.

Item page – The page opened by a User, which contains details about the Item offered by the Seller.

Intermediary Services – The Transaction facilitation services offered by Linework on or through the Service, including enabling Users (and, where applicable, Visitors) to list Items in the Catalog, to participate in Transactions, and to communicate in private and/or in public.

Internal wallet – The crypto internal wallet provided by Linework to the User when the User subscribes to the Service and used as Integrated payment service.

News/Newsletter – Content shared by Linework on the Service, including news about special offers, contests, games, promotions, and announcements about new Services available on the Service.

Private Messages – Communication by an exchange of private messages between Users via the Service messaging system where the messages are not publicly displayed.

Privacy Policy – The document that describes how Linework collects, uses, stores, and transfers personal data and other important information of a Visitor or a User; the current Privacy Policy is available on the App.

Seller – Any User who lists one or more Items on the Service.

Services – All the services offered by or through the Marketplace, including the Intermediary Services, Buyer Protection, and the Additional Services.

Site – Linework website and apps and any other means of accessing Linework platform. The “Site” includes the Services and all content, tools, features, and functionality offered on or through the platform, including the Services.

Subscription Plans – Additional services provided by Linework which includes different options dedicated to Buyers and Sellers.

Terms – is defined in the first paragraph of these Terms and Conditions. “Terms” include the additional terms and conditions that are referenced in Section 1.4 of these Terms and Conditions.

Transaction – Any transaction between Users through which the ownership of and/or the right to use an Item transfers from one User to another, including, but not limited to, the sales contract concluded between the Buyer and the Seller.

User – Any person who has created an Account on the Service.

User account or Account – An account created by an individual by registering on the Service.

Visitor –Any individual who uses the Service but who has not created an Account.

Linework Social Networks Accounts – Linework accounts on Twitter, Instagram, Reddit, Spiral and other social networks.

3.LISTING ITEMS ON THE SERVICE

3.1 Only items that meet all the following conditions may be listed on the Service:

– The item must be in one of the categories listed in the Catalog Rules and the item must not be on our list of prohibited goods which you can see here.

– The Seller must be the owner of the item and the Seller must have the right to transfer the ownership in the Item by selling, exchanging, or donating the item.

– The sale, exchange, or donation, and the use or possession, of the item must not violate the rights of any third party (including any intellectual property rights) and must not violate any applicable local, national, or international law or regulation. The item must be safe and cannot be counterfeit.

– The item must comply with all applicable regulatory requirements on the market unless there is an agreement to the contrary between the Buyer and the Seller.

3.2 To list an item in the Catalog, the Seller must complete a questionnaire, which includes selecting a category that most accurately represents the Item being listed. The Seller must comply with all Catalog Rules relating to the listing of Items.

3.3 When a Seller lists an Item in the Catalog and the listing is published on the Service, this constitutes an offer for sale of the relevant Item by the Seller, which may be accepted by a Buyer.

3.4 The Seller who has listed an Item may withdraw the Item or amend the Listing (including the price) any time before a Buyer clicks on the “Buy now” button for such Item.

3.5 The Seller may decide to purchase Additional Services, such as services included in different subscription plans, designed to improve the visibility of their Items on the Service. Details about Additional Services and Subscription Plans (including pricing) are provided in the linework app

3.6 Given the nature of Linework Services, listings may be viewed and purchased by, and shipped to, buyers around the world. Many of our Services are accessible internationally. We offer certain programs, tools, and sites experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculations tools. SELLERS AND BUYERS ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS AND REGULATIONS APPLICABLE TO THE INTERNATIONAL SALE, PURCHASE, AND SHIPMENT OF ITEMS.

3.6 You authorise us to use automated tools to translate your listed content, including member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and the availability of any translation are not guaranteed.

4. BUYING ITEMS ON THE SERVICE

4.1 A Buyer can use the “Buy now/Check Out” button to buy an Item. For safety reasons, we always recommend that Buyers buy in-app or on-web by using the “Buy now” button, in which case the Buyer is covered by Buyer Protection (see Section 5 below for additional details). If a Buyer concludes the Transaction outside of the Service directly with the Seller and without using our “Buy now” button, Buyer Protection will not apply and Linework will not be able to assist the Buyer in the event any problems occur with the Transaction.

4.2 By using the “Pay now” button and confirming the Buyer’s details during the Checkout process, the Buyer acknowledges that their acceptance of the Seller’s offer has been made in consideration of the Item as described in the Item’s description. Both the Buyer and the Seller acknowledge that using the “Pay now” button and confirming the Buyer’s details creates a legally binding contract between the Buyer and the Seller, and the Buyer has a commitment to pay for the Item and the Seller has a commitment to transfer ownership of the Item. To avoid doubt, Linework is not a party to this contract.

5. BUYER PROTECTION SERVICE

5.1 When Buyer Protection is added the Buyer pays a fee which enables the Buyer to seek a refund in certain circumstances, as further described in this Section 5.

5.2 The Buyer Protection Fee is a fixed amount of 1USDT for each purchase ;

5.3 Buyer Protection includes the right for a Buyer to seek a refund in the event (i) an Item is lost during shipping or (ii) the delivered Item is damaged or (iii) is significantly not as described in the listing for the Item. In such circumstances, the Buyer must report the issue to Linework within five (5) days after the date the Item is marked as ‘delivered’ in the system. If there is a mistake in the reported ‘delivered’ date and the item has not been actually delivered to the Buyer, the Buyer must still report the issue within the Dispute Filing Period; otherwise, the Transaction will be marked as completed. To report an issue to Linework, the Buyer must click the “I have an Issue” button in their Private Message with the Seller within the Dispute Filing Period. Otherwise, the Transaction will be completed, and money will be transferred to the Seller.

5.3.1 If the Buyer did not receive an Item, the Buyer must inform Linework by clicking on the “I have an issue” button within the Dispute Filing Period. This will suspend the Transaction and the Total Price will be retained until Linework investigates where the Item is and receives confirmation from the shipping provider that the Item is confirmed lost. Once the Item has been confirmed as lost, Linework will manage the refund.

5.3.2 If the Buyer receives an Item that has been damaged during shipment or is significantly not as described in the Item’s listing, the Buyer must inform Linework by clicking on the “I have an issue” button within the Dispute Filing Period. This will suspend the Transaction and the Total Price will not be released to the Seller until the following process is complete:

1. The Buyer and Seller can resolve the issue between themselves in their Private Messages and Linework will not interfere.
2. If the Buyer and the Seller are unable to resolve the issue directly, the Buyer or the Seller can escalate the issue to Linework by contacting Linework Customer Support from their Private Message. After Linework has reviewed the issue, if Linework agrees that the Item indeed does not substantially comply with the description provided by the Seller in the Item listing or that the item was damaged during transit, Linework will cancel the Transaction and issue a refund to the Buyer after the Buyer confirms that the Item has been shipped back to the Seller. Linework does not provide return shipping services. Shipping costs for returning an Item are the responsibility of the Buyer unless the Buyer and the Seller agree otherwise. If the Buyer does not send the Item back within the period stipulated by Linework, the Buyer may not be eligible to receive a refund. If Linework determines that there are strong indications that the received Item is a counterfeit, then Linework may decide, in its sole discretion, that the Buyer does not need to send back the Item in order to get a refund and the Buyer and the Seller will respect such decision.
3. If the Buyer and the Seller resolve the issue privately after having already contacted Linework Customer Support, the Users must inform Linework (by contacting Linework Customer Support) that the issue has been resolved.
4. With respect to an Item that a Buyer has reported is significantly not as described in the Item’s listing, if Linework determines that the Item complies with the description provided by the Seller in the Item listing, then the Buyer shall not be eligible for a refund through Linework and Linework will complete the Transaction in accordance with Section 6.4. After the Transaction is completed and the money in escrow wallet is released to the Seller, the Buyer can try to negotiate directly with the Seller for the return of the Item (e.g., agreement on reimbursement, return shipping fees, etc.); however, the Seller may refuse to cooperate with the Buyer on the grounds that the Transaction has been fulfilled from the Seller side.

5.3.3 If there is something wrong with the Item received by the Buyer, or the Item was not received by the Buyer but the Buyer does not click the “I have an issue” button within the Dispute Filing Period, the Transaction will be completed automatically, and the Buyer will not be entitled to a refund under Buyer Protection for that Item and the money that the Seller is entitled to for the Transaction will be released by Linework to the Seller.

5.4 BUYER PROTECTION IS NOT INSURANCE SERVICES OR LEGAL PROTECTION GUARANTEE SERVICES.

5.5 Users agree to comply with the process for receiving a refund under Buyer Protection and to permit Linework to make the final decision on any Buyer Protection-related issue.

5.6 If the Seller does not provide the shipping between the term of five (5) days the Buyer is eligible for a refund. The refund will be issued on the Internal wallet used for the original transaction.

5.7 If the User has subscribed for the Buyer protection, the refund policy will be extended to other cases such as:

- The Item(s) is lost or destroyed during the shipping;
- The item(s) does not have the characteristics of the Item listed on the marketplace by the Seller.

5.8 Standard Policy Refund

If you choose not to opt for buyer protection, it is essential to report any issues to the seller within two (2) days after the item is marked as ‘delivered’ in the system. To report an issue to the seller, the buyer must click the ‘I have an Issue’ button in their private message with the seller within the dispute filing period. Failure to do so will result in the completion of the transaction, and the money will be transferred to the seller.

If the buyer receives an item that has been damaged during shipment or is lost, they must inform the seller within the dispute filing period. This will suspend the transaction, and the total price will not be released to the seller until the following process is complete:

1. The Buyer and Seller can resolve the issue between themselves in their private messages and Linework will not interfere.
2. With respect to an item that a buyer has reported is significantly not as described in the Item’s listing, if the seller determines that the Item complies with the description provided by the seller in the Item listing, then the buyer shall not be eligible for a refund.

In any case the buyer must send proof to the seller. The proof may include photos of:

- The item with the damaged part(s) visible
- The item’s packaging showing its damaged part(s)
- The item’s part(s) that do not match the item description

The seller will investigate and decide whether to proceed with the refund. If not, Linework is not responsible and cannot interfere.

If the refund is accepted, along with the item you should return everything you received in the original package. Your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

If you don’t inform the seller in two (2) days, we will automatically release the payment to the seller, and no refund through Linework will be possible.

Please note that in the event of a refund or order cancellation, only the cost of the product will be refunded. Any associated service fees or processing charges are non-refundable.

6. INTEGRATED PAYMENT SERVICE

6.1 Integrated Payment Service enables the Buyer to pay in advance the total amount due for the Transaction, which consists of:

(i) the price for the Item(s) purchased from the Seller;

(ii) the Shipping fees; and

(iii) the Buyer Protection fee, if selected.

(collectively, (i)-(iii), the “Total Price”).

6.2 Payment for the Total Price can be made by the Linework internal wallet, or any other payment method introduced from time to time on the Service (the same applies for Paying for Additional Services as described below). The funds available on the internal wallet (Balance) will be automatically used to make purchases on the Service from other Users. If the Buyer does not have enough funds in their internal wallet to cover the total amount due, the Transaction cannot be successful.

6.3 To pay for Additional Services, the User use the Balance in the Internal wallet, if the funds available are enough to cover the fee.

6.4 The Total Price paid by the Buyer in advance will be retained by Linework in the escrow wallet until a Transaction is completed. A Transaction is considered complete:

1. When the Seller confirms through the Service that the he has delivered the Item(s); or
2. Automatically after the expiration of the Dispute Filing Period if no disputes about the Item(s) are reported during the Dispute Filing Period; or
3. After the resolution of a dispute that was reported during the Dispute Filing Period.

Once a Transaction is completed, the purchase price of the Item, and if the Custom Shipping option was used (as described in Section 7.1), also the shipping fees, will be immediately transferred by Linework to the Seller’s internal wallet.

6.5 Internal wallet.

6.5.1 Internal wallet (Balance) feature is a payment service provided by Linework. When a User subscribe to the Service, the User enters into a contract directly with Linework, and the User will be accepting Linework terms and conditions. Users will be asked to confirm this during account creation. For the first sale Transaction where the Buyer purchases an Item using the “Buy now” button, the Seller will be asked to add funds to the Internal wallet.

6.6 Linework process payments made using the Integrated Payment Service and store information relating to the Internal wallet transactions. Additionally, Linework provides escrow services when a Buyer makes a purchase by using the “Buy now/Check out” button, Linework acquires funds from the Buyer on behalf of the Seller and holds those funds for disbursement. Linework supports its Users in using the services provided and also provides direct assistance to Users for such services; however, to avoid doubt, Linework does not provide any payment processing or money transmission services for Users. Users are solely responsible for providing accurate information associated with the funds deployed on the Internal wallet and LINEWORK HEREBY DISCLAIMS ANY RESPONSIBILITY AND ALL LIABILITY FOR USER-PROVIDED INFORMATION TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

6.7 Additional Integrated Payment Service Restrictions.

6.7.1 The right to use the Integrated Payment Service is only for sales in a User’s name. A User may not resell, hire, or on any other basis allow third parties to use the Integrated Payment Service to enable such third parties to be paid for their services.

6.7.2 The Integrated Payment Service is only for Items on the Service and not for any other products or services. Users may use the Integrated Payment Service only for Items that comply with the Catalog Rules and that are not on the list of prohibited goods & services.

6.8 Linework retains the right to suspend your right to use the Integrated Payment Service, as further described below.

6.8.1 If there are consistent and objective reasons to suspect that a fraud of any kind whatsoever has been committed or carried out by a User, Linework may immediately suspend the User’s Account while the suspected fraud is investigated (including any in-progress transactions).

6.8.2 In the event Linework is aware of reports, any issues or concerns to Linework (such as suspected illegal sales on the Service, money laundering, spamming, violation of this Terms), Linework may immediately suspend the User’s Account (including any in-progress transactions) while the issue or concern is investigated.

6.8.3 If any User initiates a dispute resolution procedure in relation to a Transaction and there are objective and legitimate reasons to believe that the User has violated applicable laws, breached these Terms and/or misused the Service, Linework may immediately suspend the User’s Account (including any in-progress transactions).

7. INTEGRATED SHIPPING SERVICE

7.1 Except as stated below, the Integrated Shipping Service is applied to every Transaction concluded using the “Buy now/Check out” button. The Buyer will pay for the Integrated Shipping Service at Checkout and the Integrated Shipping Service fee will be held in the internal wallet in escrow. As further described below, the Integrated Shipping Service includes Integrated Shipping Labels and the Custom Shipping option. Items regulated as hazardous materials are not eligible for the Integrated Shipping Service and must be shipped using the Custom Shipping option. Please refer to Linework Catalog Rules for additional information regarding hazardous materials.

A) If the Seller decides to ship an Item using Integrated Shipping, (i), during Checkout, the Buyer will be able to choose from the shipping providers available within their area (available options will be provided on the Item page) and (ii), after Checkout, a prepaid shipping label will be automatically generated and provided to the Seller who must use that label to send the Item to the Buyer (the “Integrated Shipping Label”). The Seller must use the Integrated Shipping Label provided by Linework; otherwise the Transaction may be cancelled. Once the Transaction is completed (as per Section 6.4), the price of the Item will be released from escrow to the Seller and the Buyer Protection fee and the fee for the Integrated Shipping Service (and any applicable taxes charged on Services) will be released from escrow to Linework.

For its Integrated Shipping Labels option, Linework offers its Users a choice of third-party shipping providers specialising in transport and delivery. Linework may at any time add or remove shipping providers from the list of options available to Users.

With Integrated Shipping, if an Item is lost or damaged during the shipping process, the Buyer is eligible to be reimbursed as part of Buyer Protection as described in Section 5.

The Seller may be entitled to compensation for a lost or damaged Item up to the compensation limit set by each shipping provider.

The integrated shipping services available are listed in the listing/buying page, we suggest Users to check the Terms applied by those shipping services.

B) If the Seller decides to independently ship an Item (i.e., without using an Integrated Shipping Label) or is shipping hazardous materials, the Seller will be responsible for choosing the shipping provider, determining the postage price, and arranging for the label and shipping the Item. The Seller is responsible for estimating a correct and accurate postage price and identifying it in the listing. The Seller must use a shipping provider with tracking enabled. The Seller must, in particular, note down the tracking number for the shipment and send it to the Buyer via a Private Message or the integrated shipping module.

If any Item that is sent by Custom Shipping is lost or damaged in the shipping process:

(i) If the Buyer chooses Custom Shipping offered by the Seller and the Buyer purchases the Item using the “Buy now” button, the Buyer will be reimbursed by Linework as part of the Buyer Protection as described in Section 5.

(ii) The Seller accepts the risks of shipping when using Custom Shipping. Linework will not offer any compensation to the Seller and the Seller will have to reach out to the shipping provider directly regarding any problems in connection with shipping. The Seller therefore should consider insuring Items shipped using a Custom Shipping option in the event the Item is lost or damaged.

7.2 The costs (excluding any applicable taxes) for the available Integrated Shipping Services (“Shipping Fees”) are shown after clicking on an Item in the Catalog on the Item Page. The Shipping Fees (plus any applicable taxes in case of Integrated Shipping Label) are the responsibility of the Buyer, in addition to the purchase price for the Item, the Buyer Protection fee, and applicable taxes.

7.3 As soon as the Buyer has paid the Total Price, Linework informs the Seller that the item was sold and should be shipped to the Seller. The Seller is responsible for shipping out the Item to the Buyer within five (5) working days after Linework provides shipping instructions. If the Seller does not ship the Item within such a 5-day period, Linework has the right to cancel the Transaction and to release the Total Price held in escrow wallet to the Buyer. This refund of the Total Price will constitute the Buyer’s only recourse under their contract with the Seller and these Terms and will be the Buyer’s sole remedy for the cancelled Transaction.

7.4 Integrated Shipping Services are available only in some states or regions. If Integrated Shipping Services are unavailable, the Seller and the Buyer must agree on one of the other shipping methods.

7.5 Customs Duties and Import Taxes. By placing an order with us, you acknowledge and agree to the following terms regarding customs duties and import taxes:

(i) Buyer’s Responsibility: Any customs duties, import taxes, or other charges that may be levied upon your order’s arrival in the destination country are the sole responsibility of the buyer. These fees are not included in the product price or shipping cost.

(ii) Customs Regulations: Each country has its own customs regulations and import taxes. It is the buyer’s responsibility to be aware of and comply with these regulations. We advise checking with your local customs office for detailed information before placing an order.

(iii) Payment of Duties and Taxes: If customs fees or import taxes are applicable, the buyer must pay these charges to the relevant customs authorities or shipping carrier upon receipt of the shipment. Failure to do so may result in the parcel being held, returned, or destroyed, in which case, we are not responsible for any resulting costs or losses.

(iv) Delays: Customs clearance processes may cause delays in delivery. These delays are beyond our control, and we are not liable for any inconvenience caused by such delays.

(v) Documentation and Information: We will provide the necessary documentation and information to the shipping carrier for customs processing. However, the buyer is responsible for providing any additional information or documentation required by local customs authorities to clear the shipment.

7.6 By proceeding with a purchase, you agree to these terms regarding customs duties and import taxes.

8. PAYING FOR ITEMS

8.1 Linework is authorised to collect fees for the Services in accordance with the prices indicated in the app. In its sole discretion, Linework may update the Price List from time to time (and updates may include price changes) as per Section 1.5 of these Terms. Price List changes will not apply to ongoing Transactions (i.e., Transactions for which a Buyer has already made a payment). The updated Price List shall become effective and replace the prior Price List at the time of posting or such other time as may be indicated by Linework. If you do not agree with or accept the updated Price List, you can choose to not access and use the Service, to terminate your relationship with Linework, and to close your User account (as further described in Section 16.1). You will be deemed to have accepted the updated Price List if you continue to access and use the Service after the updated Price List becomes effective; however, Price List changes will not apply to ongoing Transactions (i.e., Transactions for which a Buyer has already made a payment).

8.2 All prices on the Service are expressed in LWC/USDT and do not include applicable taxes, which are the responsibility of the Users. The amount of LWC paid at the moment of the selling is an amount calculated on the value of the LWC Token at the moment of the selling.

9. INTERACTION AND MESSAGES ON THE SERVICE

9.1 The exchange of Private Messages between Users is for the purpose of exchanging information between Users regarding the Items in the Catalog. If a User sends Private Messages to another User, they must not send:

1. Messages or information that feature advertising;
2. Content spreading viruses, worms, or other malicious codes;
3. Spam or mass mailing messages of any kind (e.g., when a message is sent to more than five Users simultaneously or when the same message is copied and sent to Users who have not asked to receive the message);
4. Messages containing content contrary to good moral standards and public order; inappropriate, insulting or defamatory messages; or messages otherwise regarded as incompatible with these Terms and the interests of Users;
5. Messages of an unlawful nature or otherwise intended to cause harm to other Users and/or the Service; or
6. Messages that may qualify as harassment of any kind whatsoever.

Linework may use automated software that is designed to use algorithms to detect contents of Private Messages that are contrary to good moral standards and public order or that are inappropriate, insulting, or defamatory. If the automated software detects a Private Message containing any such content, without limiting other remedies available to Linework:

- The Private Message and User may be blocked and/or the Private Message may be hidden from the User to whom it was sent and
- The User who sent such Private Message may receive a warning reminding the User of their obligation to comply with these Terms and informing the User that Linework may take further steps such as suspending the User’s Account in case of further violations.

Linework use of such automated software does not create a monitoring obligation on Linework nor an obligation to actively search for unlawful activities and/or content on the Service and, to the extent permitted by the applicable law, does not give rise to any liability on Linework.

9.2 A User has the right to write a review concerning another User only if a Transaction was completed between the Users. The review may be published on the Service. No compensation is given to Users or to Linework in exchange for online reviews. A User’s review on another User must always be fair and honest. LIES AND INSULTS ARE FORBIDDEN. Linework does not check reviews prior to publication on the Service by Users.

If any review that has been published on the Service is inappropriate or abusive or otherwise does not comply with these Terms, Users may report the review to Linework in accordance with the reporting procedure described in Section 10.5 below. Upon request of a User, Linework has the right, but is not obligated to, remove from the Service any review that violates these Terms or the rights of other Users. Additionally, Linework may block the account of any User who provides a review that does not comply with these Terms as outlined in Section 12.1.

Only Users may write and post reviews on the Service. Visitors do not have the right to write and post reviews on the Service.

10. VISITORS’ AND USERS’ RESPONSIBILITIES

10.1 All Visitors and Users are fully responsible for all content they upload or publish on (or transmit via) the Service and, if applicable, for the Items they offer, sell, exchange, donate, or transfer to other Users via the Service, as well as for all Transactions undertaken by them with other Users and any disputes that result from such Transactions. Without limiting the foregoing, Users are responsible for all text, information, descriptions, photos, details, and other content they provide in Item listings, Private Messages, feedback, and otherwise post, publish, transmit, or share on or via the Service (collectively, the “Content“).

10.2 Visitors and Users must respect all applicable laws, rules, and regulations when using the Service. Visitors and Users must refrain from:

- Violating the rights of third parties;
- Violating intellectual property rights or listing counterfeit items;
- Listing Items that violate laws or regulations;
- Inciting offences or crimes, discrimination, hate or violence based on race, ethnic origin or nationality;
- Communicating incorrect information or confidential information;
- Making defamatory comments;
- Committing actions that might place minors in danger;
- Publishing the personal data of other individuals or breaching privacy rights;
- Usurping the identity of someone else; or
- Uploading or otherwise inputting any Content that is unlawful, false, or inaccurate.

Users must act and use the Service in good faith.

10.3 If any User or Visitor reports any misconduct of another User or Visitor to Linework, we may provide assistance to the affected party. Linework will also cooperate with local authorities if required. In the event that a User or a Visitor does not comply with Section 10.2 or otherwise violates these Terms, the User or the Visitor recognizes and accepts that they are solely responsible for any and all resulting direct and indirect losses of third parties or Linework. Consequently, the User or the Visitor recognizes and accepts that, in its capacity as a hosting provider, Linework will under no circumstances undertake any verification of the Content and the Items listed in the Catalog, and, to the extent permitted by applicable law, will under no circumstances be held responsible for any damages or losses suffered by Visitors or Users and/or third parties.

Without this list being exhaustive, Linework will not be held responsible for:

- Actions or omissions of Visitors or Users;
- The appropriateness, accuracy, exhaustiveness, and/or legality of any Content; or
- The safety, quality, and quantity of Items that Users sell, buy, exchange, or donate via the Service nor the conformance of an Item with the description given.

10.4 Linework is not responsible for the Content of Users. Users are responsible for their Content. Linework has the right, but not the obligation, to remove Content from the Service that Linework determines violates, or is likely to violate, applicable laws and/or these Terms and Linework may take action against the User, including, but not limited to, by suspending or terminating the User’s Account, as provided for in Section 12.

10.5 If any User or Visitor (i) identifies any Content condoning crimes against humanity, inciting racial hatred, violence and/or terrorist acts, concerning child pornography, or any other unlawful content or (ii) identifies any Content that the User or Visitor believes might violate these Terms and/or their rights and/or the rights of a third party (e.g., counterfeiting, insult, breach of privacy rights, product safety issue), the User or Visitor must immediately inform Linework by:

1. Submitting a ticket via help center using as subject “policy violation”.
2. For intellectual property rights holders specifically, submitting a notice of intellectual property rights infringement as described in our Copyright and any other Intellectual Property Rights Policy in Section 19.

If such Content is reported, Linework reserves the right to suspend immediately, without notice, the account of the User (including any in-progress transactions) and remove the Content, as provided for in Section 12.

10.6 If there is a product safety issue with an Item, Users are advised to stop using the Item.

11. OBLIGATIONS OF USERS

11.1 The User agrees to comply with the following rules when using the Service:

- When registering on the Marketplace Service, to provide only truthful information about himself/herself in order to allow other Users to provide shipments and services (including, without limitation, with respect to his/her name and email address);
- To register on the Marketplace Service only once and not to create more than one Account (however, if a third party obtains access to a User’s Account, the User may create another Account, but only after the User has informed Linework about the third party access and Linework has blocked the original Account);
- Not to use the Marketplace Service with the intent to undertake unlawful or fraudulent actions or transactions;
- When using the Marketplace Service, to provide objective, correct, exhaustive, and detailed information about Items being sold, exchanged, or donated;
- To ensure that the price proposed for the exchange and/or the sale of Items, as well as other information regarding Items, is correct and it’s evaluated in consideration of the token price at the moment of the listing;
- Not to copy any content or information appearing on the Marketplace Service and uploaded by Linework or another User of the Service;
- Not to use any content or information appearing on the Marketplace Service for any unlawful purpose;

- Not to share, publish, or otherwise use misleading or incorrect information and/or data;
- Not to encourage the acquisition of any goods where the sale or possession of the goods is forbidden or restricted;
- Not to share, publish, or otherwise use any photographs (i) for which the respective User does not have the intellectual property rights (e.g., photos taken by third parties and found on the Internet) or (ii) which contain links to other websites;
- Not to share, publish, or use photographs (i) in which any person other than the respective User is visible (unless the other persons have consented to the User sharing, publishing, and using the photograph in connection with the Service); or (ii) which are or may be considered contrary to good moral standards and/or public order (for example erotic photographs, pornographic photographs, or photographs with violent contents);
- Not to offer, sell, buy, exchange, donate, and/or otherwise transfer Items in breach of the intellectual property rights of third parties (e.g., do not use trademarks or copyrighted material (including photos or text) that is owned by someone else without the owner’s prior written permission);
- Not to violate the rights of ownership and/or the personal rights of third parties (including intellectual property rights);
- Not to impersonate any person or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Not use the Marketplace in a manner that may undermine the purposes of the Service, such as trading reviews with other Users or writing or soliciting false or misleading reviews;
- Not to intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Not to violate any applicable laws, rules, and/or regulations or otherwise the content of these Terms;
- Not to act contrary to public order and/or good moral standards;
- Not to share, publish, or otherwise use programs and/or computer files that contain viruses or that might (i) disrupt the normal operation of the Service and/or the Services, (ii) infect the computers of Users and, therefore, lead to losses for Users or their assets, or (iii) prevent any User from using the Marketplace, the Services, or the User’s computer;
- Not to offer, post, share, and/or otherwise promote links to other websites and/or companies that provide similar services to those offered by the Marketplace Service nor to websites and/or companies whose content or activity is illegal or contrary to Linework content policies;
- Not to incorporate the Marketplace Service or any portion thereof into any other program, product, or service;
- Not to mine data, screen scrape, or crawl any part of the Service;
- Not to disassemble, decompile, or reverse engineer any part of the Service;
- Not to interfere with or attempt to interfere with the proper working of the Service, disrupt the Service or any networks connected to the Service, or bypass any measures Linework or its service providers may use to secure or prevent or restrict access to the Service;
- Not to adapt, copy, vary, edit, distribute, or commercialise any content in the Service without the prior written consent of Linework;
- Not to collect, hold, transmit to third parties, make public, publish, or disclose data of the Users of the Service or data on the actions of Users of the Service, including Transactions (e.g., their number, type, price, hash, etc.) if the data becomes available following an unlawful act or omission or by breach of these Terms by any Visitor or User of the Service; and
- Not to collect, hold, transmit to third parties, make public, publish, or disclose information that appears on the Service if doing so may affect the rights of other Users (this restriction does not apply to the “share” function which exists on the Service and on Linework Social Networks Accounts and enables Users to share content that is publicly available on Service and on Linework Social Network Accounts).

11.2 The User agrees to keep their Account login details and password confidential and not disclose their login details or password to any third parties (except for persons the User authorised to use their login details and password). A User is solely responsible (to us and to others) for all activity that occurs under the User’s Account. If a User knows or suspects that any unauthorised third party knows the User’s password or has accessed the User’s account, the User must promptly notify Linework via Help Center accessible within Linework App.

11.3 The User agrees to immediately update any information on the Service that is no longer current or accurate, including information provided by the User while registering on the Service and information in the User’s Account, as well as information on the Items listed in the Catalog.

11.4 When using the Service, the User or Visitor represents:

- That they (i) is an individual 18 years old or older, (ii) uses the Services of the Marketplace only for their personal benefit and not for any professional activity, and (iii) has full capacity and all the rights necessary to carry out Transactions on the Service;
- That they accept and comply with these Terms;
- That they understand that they are fully responsible for the Transactions conducted on the Service;
- That they understand that when ordering an Item, they commit to buy or exchange (as applicable) the Item and that their failure to complete the Transaction may obligate them to reimburse the Seller for losses suffered by the Seller; and

That they understand that they must pay Linework the applicable fee set forth in the Price List if they decide to use any Additional Services.

12. RIGHTS AND OBLIGATIONS OF LINEWORK

12.1 Linework may prohibit a User or Visitor from accessing or using some or all the Service, suspend or deactivate a User’s Account, and/or prevent a User or Visitor from registering (or, where applicable, re-registering) on the Service for any reason with or without prior notice. Some reasons that Linework may exercise this right include if the User or Visitor:

- Violates, or breaches their obligations under, these Terms, including if a User or Visitor:
- Provides incorrect, misleading, and/or incomplete information when registering or using the Service
- Deliberately and intentionally discloses incorrect information on the Service, insults other people, or acts in an inappropriate manner
- Uses the identity of other Users or otherwise misrepresents themselves;
- Uses the Service for commercial purposes
- Sells, exchanges or donates (or attempts to sell, exchange, or donate) any Item that does not comply with the Catalog Rules or that is listed on the List of Prohibited Products and Services.
  Logs-in from the same IP address or from the same computer as one that was blocked by Linework because of violations of these Terms;
- Uses the Services in a manner that violates any laws, regulations, or rules or is likely to have serious consequences for the health, safety, property, or legitimate economic interests of other Visitors or Users or Linework;
- Uses the Service in connection with any scam or fraudulent activity; or
- Abuses or misuses the Service in any manner.

Additionally, Linework may decide to exercise its rights under Section 12.1 if:

- Linework is subject to a legal or regulatory obligation that requires Linework to terminate access or use of the Service by a User or a User’s Account;
- Linework exercises a right of termination under an imperative reason under applicable laws; or
- There is a risk to the security and technical operation of the Service or Linework IT system.

12.2 If Linework blocks a User and/or de-activates a User’s Account, such User does not have the right to re-register on the Service.

12.3 Linework may immediately, without prior notice, delist or remove from the Marketplace Service any Item listed by a User in the Catalog or any other Content provided by the User if the Item or Content:

- Is unlawful (e.g. counterfeit items, infringing Content);
- Are contrary to good moral standards or public order;
- Are listed or posted by a Professional Seller without being registered as one; or
- Otherwise violate these Terms or any applicable law, rule, or regulation.

12.4 Nothing in these Terms or our Privacy Policy hinders or prohibits Linework from investigating any violation of these Terms and/or informing appropriate governmental authorities of any violation of laws, rules, or regulations. Linework may cooperate with governmental authorities in connection with the foregoing, including, but not limited to, by conducting investigations, collecting evidence, and/or disclosing information about Users (e.g., User account data, transaction records). YOU HEREBY WAIVE AND HOLD HARMLESS LINEWORK AND ITS AFFILIATES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LINEWORK OR ITS AFFILIATES OR ITS OR THEIR SERVICE PROVIDERS DURING, OR TAKEN AS A CONSEQUENCE OF, SUCH INVESTIGATIONS OR ACTIONS OF LAW ENFORCEMENT AUTHORITIES.

12.5 In the event that Linework exercises its rights under Section 12.1 or Section 12.3 above and an affected User or Visitor disagrees with Linework decision, the User or Visitor can contact Linework and provide Linework with additional information using the help center system.

12.6 Linework has the sole right to determine whether a User or Visitor breaches these Terms.

12.7 Linework may, at any time, make changes to the Service, including by re-organizing the Catalog, adding or removing or adjusting advertising spaces, or modifying the formatting or display of Items, subject to these changes not substantively amending the Content provided by the User, to make the Service more user-friendly or to improve the Service otherwise.

12.8 Linework may, at any time, publish News or other communications through the Service. In addition, Linework may from time-to-time launch contests, games, promotions or sweepstakes or otherwise make special, limited time, or exclusive discounts or offers available to some or all Users (collectively, “Promotions”). Promotions are governed by further rules and/or guidelines (“Promotions Rules”), if provided following the launch of such Promotion. Certain features or functionalities of the Service (including, but not limited to, the “Buy now” button) may be temporarily disabled during or in connection with a Promotion. Promotions may not be available in all countries where this Service has been made available. Linework reserves the right to discontinue any Promotion at any time, without notice to Users. Promotions may be subject to certain eligibility requirements, determined by Linework. You may not be eligible to participate in a Promotion if you are in violation of these Terms or the Promotion Rules. In the event of any inconsistency between these Terms and the special terms and conditions of the Promotion Rules, then those special terms and conditions will prevail solely with respect to the context of Promotion.

12.9 Linework may at any time end or suspend the operation of the Service.

12.10 From time to time, Linework may perform testing on the Service, which may include transactions with Users, to enable Linework to evaluate and improve the Marketplace user experience (e.g., Linework buying an Item as if Linework were a User). Linework has no obligations to provide Users with notice of testing or to make any disclosures to Users related to that.

13. INTELLECTUAL PROPERTY

13.1 Except for Content of Users, as between you and Linework, Linework and its affiliates own all right, title, and interest in and to the Service (including all intellectual property rights therein), including in its system (the Catalog, its transmission, etc.), the layout and design of the Service, in the software used by and for the Service, and in the trademarks and domain names used by and for the Service (collectively, “LINEWORK IP”). Using the Service does not give you ownership of any LINEWORK IP. Except as permitted by the functionality of the Marketplace Service and the Services, you may not otherwise use any content from the Service (other than your Content) unless you obtain permission from the owner of such content, or your use of such content is otherwise permitted by law. You may not remove, obscure, or alter any legal notices displayed on the Service. Linework is our trademark, and you may not use any of our trademarks without our prior written consent. Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable licence to access and use the Service. We reserve all rights to LINEWORK IP that are not expressly granted herein.

13.2 You hereby represent and warrant that you are the exclusive owner of all Content. Whenever you submit Content to or through the Service, you grant Linework and its affiliates a worldwide, royalty-free, non-exclusive, sub-licensable, unlimited, irrevocable, transferable, and perpetual licence to use, copy, reproduce, display, and adapt the Content. You acknowledge and agree that Linework and its affiliates may use Content on any known or unknown media to date, including, without limitation, TV, paper, the Internet (e.g., in banners and articles, on other websites), and social networks (including Linework Social Networks Accounts) for operational, commercial, advertising, or any other purpose.

14. PRIVACY POLICY

The Privacy Policy, available thought this link, describes how Linework handles information that Linework collects or that you provide to Linework relating to you through your access and use of the Service. The Privacy Policy and each part thereof do not constitute contractual clauses and are not integrated into these Terms. Please read the Privacy Policy and do not access or use the Service if you disagree with the Privacy Policy.

15. SUBMITTING A CLAIM

15.1 These Terms, and any dispute or claim resulting from or in connection with these Terms, will be governed by the laws of the United of State.

15.2 In the event of a disagreement between Linework and you, Linework encourages you to reach out to Linework to find an amicable solution. To do so, you may:

1. Submitting a ticket via help center using as subject “dispute”.

16. TERMINATIONS

16.1 A User may end their relationship with Linework at any time with immediate effect; however, the User will remain obligated for fulfilling all of the User’s obligations that resulted from Transactions the User entered into before the end of the User’s relationship with Linework. A User may end the User’s relationship with Linework by cancelling the Service Account or sending a written cancellation notice to Linework according to Section 18.12.

16.2 Linework may end its relationship with a User in connection with Linework exercising its rights as described in Section 12.1 or for any other reason. Linework will endeavour to provide the User with notice at least thirty (30) days before the date of termination unless Linework determines that immediate termination is required by law or is necessary to avoid damages to (or mitigate damages for) Linework.

16.3 If you choose to deactivate your Service Account or your account is terminated by us for any reason, you will not be able to reactivate your Marketplace Service Account. We recommend that you save copies of your Content or other information associated with your Account on your personal device.

16.4 Upon termination of your Service Account, any provision of these Terms which, by its nature or express terms should survive, will survive such termination.

17. LIABILITY LIMITATIONS; WARRANTY DISCLAIMERS

17.1 Nothing in these Terms limits or excludes Linework liability to you for death or personal injury caused by Linework gross negligence, wilful misconduct, or any other type of liability that cannot be lawfully excluded or limited.

17.2 Your use of the Service is entirely at your own risk. THE SERVICE IS PROVIDED “AS IS” AND LINEWORK MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICE. IN PARTICULAR, LINEWORK DOES NOT REPRESENT OR WARRANT THAT:

- YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE WILL BE CORRECTED.
- ANY CONTENT ON THE SERVICE OR ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR SUITABLE FOR ANY PURPOSE; OR
- THE SERVICE IS FREE OF ERROR OR OMISSION.

17.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LINEWORK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

17.4 Linework provides an online facility to introduce individuals to one another to enable the purchase, sale, exchange, and donation of items between them and enable them to communicate with one another in public and private. Buyers, Sellers and parties to an exchange or donation are solely responsible for Transactions entered into using the Service.

17.5 Linework is not responsible for any action or inaction of Users of the Service or content provided by Users of the Service including, without limitation:

- The descriptions or photos of Items, including their accuracy and completeness;
- The quality, legality, or safety of Items;
- The Seller’s, exchanger’s, or giver’s title to the Items; or
- Any Seller’s or Buyer’s right to enter into a Transaction.

17.6 To the fullest extent permitted by law, you acknowledge and agree that any claim or dispute you have with any other User in connection with the Service is between you and such User and you irrevocably agree to release and hold harmless Linework from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE.

17.7 Linework will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary property due to your use of the Service (or the content on the Service) or any website linked to the Service.

17.8 Linework is not responsible for any third-party service providers that you integrate into your account. Linework will not be liable for any loss or damage that may arise from your use of services provided by such third-party service providers.

17.9 NEITHER LINEWORK NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES WILL BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR: (A) ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; (B) ANY BUSINESS INTERRUPTION; (C) ANY LOSS OF ANTICIPATED SAVINGS OR LOSS OF BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION; (D) ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; OR (E) OR ANY OTHER DAMAGES OF WHATSOEVER KIND RESULTING FROM WHATEVER CAUSE THROUGH YOUR USE OF THE SERVICE.

17.10 LINEWORK TOTAL LIABILITY TO YOU, WHETHER THE LIABILITY ARISES IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, WILL BE LIMITED TO A MAXIMUM OF:

1. THE PURCHASE PRICE PAID OR PAYABLE FOR THE RELEVANT ITEM IN RESPECT OF ANY CLAIM ARISING IN RELATION TO A TRANSACTION ON THE SERVICE; OR
2. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER OR NOT LINEWORK HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

17.11 You agree to defend, indemnify, and hold harmless Linework, its affiliates, and its service providers, and each of our and their respective officers, directors, employees, agents, and advisors, from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of (i) your use of the Service, (ii) any breach of these Terms by you or any user of your Account, (iii) your violation of any applicable laws, rules, and regulations, (iv) your Content, or (v) your negligence or wilful misconduct.

17.12 ANY CLAIM AGAINST LINEWORK MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). YOU AND OTHER VISITORS AND USERS EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION.

17.13 To the extent permitted under applicable laws, Linework disclaims all responsibility for the behaviour of Users and/or Visitors when they use the Service. Linework is not responsible for the poor implementation of, or the failure to implement, Transactions by Users.

17.14 The User is expressly reminded that the Internet is not a secure network. The User recognizes the unreliability of the Internet, particularly in terms of potential security breaches regarding the transmission of data and the absence of performance guarantees regarding the volume and speed of data transmissions. Linework has implemented security measures aimed at securing the Service; nevertheless, the Internet is not a secure network and system reliability could be impaired independently of Linework’s will.

17.15 Linework cannot be held liable for unpredictable events such as cyber-attacks, security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. Users are responsible for taking all appropriate measures to protect their own data, software, equipment, and systems, particularly from contamination by any viruses circulating on the Internet.

18. MISCELLANEOUS

18.1 Linework shall not be in breach of these Terms nor liable for delay in performing, or failing to perform, any obligations under these Terms if such delay or failure result from events, circumstances, or causes beyond Linework reasonable control. In such cases, Linework shall be entitled to a reasonable extension of the time for performing any such obligations under these Terms.

18.2 You are responsible for any charges that may apply to your use of our Service, including text messaging and data charges if you access or use the Service on your mobile device. If you’re unsure what those charges may be, you should ask your mobile device service provider before using the Service.

18.3 The terms and conditions in this Section 18.3 apply to you only if you are using the Linework app for the Service from the Apple Store (“Linework iOS App”). To the extent other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely concerning the Linework iOS App. You acknowledge and agree that these Terms are solely between you and Linework, not Apple, and that Apple has no responsibility for the Linework iOS App or content thereof. Your use of the Linework iOS App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Linework iOS Apps with respect to the Linework iOS App. In the event of any failure of the Linework iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Linework iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Linework iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Linework acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Linework iOS App or your possession and/or use of the Linework iOS App, including, but not limited to: (i) product liability claims, (ii) any claim that the Linework iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. You and Linework acknowledge that, in the event of any third party claim that the Linework iOS App or your possession and use of the Linework iOS App infringes that third party’s intellectual property rights, Linework, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the Linework iOS App. You and Linework acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the Linework iOS App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

18.4 The failure of either you or us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.

18.6 We may translate these Terms into other languages for reference and convenience of Visitors or Users; however, the English language version of these Terms shall be controlling in all aspects and shall prevail in case of any inconsistency with any other language version (if any).

18.7 Unless otherwise outlined in a written agreement between you and us, if you desire to include a link to the Service on your website or to otherwise share a link to this Service, you must abide by our linking policy as follows: (i) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademarks; (ii) the link cannot utilise any trademark, service mark, or logo of Linework without our prior written approval; (iii) the appearance, position, and other attributes of the link may not create the false appearance that you are sponsored by, affiliated with, or associated with Linework; (iv) when selected by a user, the link must display this Service on full-screen and not within a “frame”; and (v) we reserve the right to revoke our consent to the link at any time and in our sole discretion.

18.8 Links on this Service may direct you to third-party websites and/or (mobile) applications (“third-party service(s)”) that are not affiliated with us. Such third-party services, which include third-party social media websites such as Facebook, Instagram, Twitter and Tik Tok and any content thereon are not controlled by us, and therefore, we are not responsible for their contents or any change or update thereof. We provide you with these links for your convenience only, and the inclusion of any link does not imply we approve of or endorse the website or the content thereon. Linework takes no responsibility for your activity on such third-party websites, including any transactions you make thereon or any decisions you make based on the contents of such websites or profiles. Please review the third-party website’s terms of use and other policies carefully and make sure you understand them before you engage in any transaction.

18.9 You may provide notices, requests, information, and other communications to Linework help center system. Linework may provide notices, requests, information, and other communications to you via email, using the email address you provided when registering on the Service.

18.10 THESE TERMS DO NOT HAVE THE EFFECT OF CREATING A PARTNERSHIP, AGENCY, JOINT VENTURE, EMPLOYEE-EMPLOYER, OR FRANCHISE RELATIONSHIP.

18.11 Linework may transfer and/or assign these Terms or any or all rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you. Such a transfer and/or assignment releases Linework from all obligations under these Terms. You may not transfer or assign these Terms or any or all your rights or obligations under these Terms, by operation of law or otherwise, without Linework express prior written approval.

18.12 If any part of these Terms is determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such terms shall to that extent be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

18.13 These Terms and all documents referred to in these Terms constitute the entire agreement between Linework and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between Linework and you, whether written or oral, relating to the subject matter of these Terms (or any document referred to in these Terms). You agree that in entering into these Terms you have not relied on any statement, representation, assurance, or warranty that is not set out in these Terms, or any document referred to in them.

19. ACCOUNT CREATION

19.1 When you create the account on Marketplace, you will have to choose between two different types of accounts: personal or business account.

19.2 When you register as a Linework seller, we verify your identity and, if applicable, your business details. We do this when you register for a seller account and whenever you update relevant information about your account.

19.3 In order for you to sell on Marketplace, we will need to confirm your identity when you register. You may also be asked to confirm your identity at other times.

19.4 Personal Account (consisting of a single individual or two spouses) must provide:

- Name and Surname
- E-mail address
- Telephone number
- Tax ID code
- ID, Passport or Driving License
- Selfie

19.5 If you are selling as a Company – Business Account, you will need to provide:

- Company name
- Company E-mail
- Tax code
- Company address
- Telephone number
- Company Registration Certificate
- ID, Passport or Driving License of legal representative

19.6 Once your data have been verified, we will send you an email to inform you that everything is in order and you can start selling on our Marketplace. If some information cannot be verified, we will send you an email to correct such information and proceed again with verification of your identity. The verification process will take up to 72h.

20. COPYRIGHT AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS POLICY

Linework is committed to protecting the intellectual property rights of others. We, therefore, established the following policies to allow copyright, trademark and other intellectual property rights owners, or authorised representatives, to submit notices of infringement of their rights.

20.1 We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any materials accessible on this Service (“Marketplace”) infringes your copyrights, you may request removal of those materials from the Marketplace by submitting written notification to our Copyright Agent designated below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include the following:

- Your physical or electronic signature.
- An Identification of the copyrighted work you believe to have been infringed.
- A description of where the alleged infringing material is located.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
- A statement by you that you have a good faith belief that use of the copyrighted material is not authorised by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in the written notice is accurate.
- A statement, made under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

20.2 Copyright Agent:

You can contact Linework submitting a ticket via help center for any concern regarding Copyrights.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.

20.3 Counter Notification Procedures

If you believe that material you posted on the Website was removed (or to which access was disabled) by mistake or misidentification, you may submit a ticket via help center with subject “Item removed” containing the following information:

- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
- A statement that you have a good faith belief that the material was removed or disabled because of a mistake or a misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Marketplace with the complaint at issue.

After receiving your counter-notification, we will forward it to the party who submitted the original copyright infringement claim. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to have your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

The DMCA allows us to restore the removed material if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your counter-notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.

20.4 Reporting Claims of any other Intellectual Property Rights Infringement

We also take claims of any other intellectual property rights infringement seriously. We will respond to notices of alleged intellectual property infringement that comply with applicable law. If you believe that any materials accessible on this Service (“Marketplace”) infringes one or more of your intellectual property rights other than copyright, you may request removal of those materials from the Marketplace by submitting a ticket via help center with subject “cop

20.5 Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

21. MARKETPLACE’S PRODUCTS IMAGES GUIDELINES

File formats should be .tiff, .gif, .jpg, heic or .png
Images should be at least 796 pixels (width) and 820 pixels (height) – we recommend to keep these proportions for best fit
Pictures must be of professional quality
You must use a monocolored background
The file size should not be over 10 megabytes
The image can’t have inset graphics or overlay text
The product to be sold should fill at least 85% of the picture
Images shouldn’t have multiple objects other than the product

22. THINGS THAT CAN’T BE LISTED FOR SALE ON BLOOP MARKETPLACE

22.1 ADULT PRODUCTS. Listings may not promote the buying, selling or use of adult products.Sex toys

✘ Sex toys
✘ Sexual enhancement products
✘ Sexually oriented adult products such as pornography, or used or worn underwear
✘ Images of nudity, including partial child nudity, even if not sexual in nature
✓ Products such as lubricants or condoms, which do not focus on sexual pleasure or sexual enhancement

22.2 ALCOHOL. Listings may not promote the buying or selling of alcohol.

✘ Sale of alcoholic drinks
✘ Kits for making alcohol
✓ Books or DVDs about alcohol
✓ Alcohol-related items, including glasses, coolers and wine bottle holders

22.3 BODY PARTS AND FLUIDS. Listings may not promote the buying or selling of human body parts or fluids.

✘ Blood
✘ Urine
✘ Body parts
✘ Organs
✘ Human tissue
✘ Teeth
✘ Looking for organ donors
✓ Hair extension and wigs

22.4 DIGITAL MEDIA AND ELECTRONIC DEVICES. Listings may not promote the buying or selling of devices that facilitate or encourage streaming digital content in an unauthorized manner or interfering with the functionality of electronic devices.

✘ Sale of streaming devices loaded with software that facilitates unauthorized access to content
✘ Jailbroken or loaded devices
✘ Jamming or descrambling devices, including devices claiming protection from WI-FI signals
✘ Wiretapping devices
✓ Add-on equipment for streaming devices such as keyboards and remotes

22.5 DISCRIMINATION. Listings, and commerce Spiral threads, must not wrongfully discriminate or suggest a preference for or against people because of a personal characteristic, included but not limited to, race, ethnicity, color, national origin, citizenship, religion, age, sex, sexual orientation, gender identity, family status, marital status, disability, or medical or genetic condition. Listings must comply with all applicable Laws prohibiting discrimination. This includes but is not limited to discriminations for housing listings.

✘ “Only looking for Christian renters”
✘ “Must be under the age of 35 to purchase”
✘ “No Hispanic tenants welcome”

22.6 DOCUMENTS, CURRENCY AND FINANCIAL INSTRUMENTS. Listings, may not promote the buying or selling of real or fake documents, currency, financial instruments and virtual currency.

✘ Real and replica documents such as passports, IDs or certificates
✘ Real money (cash or cash equivalent instruments and coins)
✘ Replica or prop money
✘ Digital or cryptocurrency
✘ Active bank credit or debit cards
✘ Store credit cards or coupons
✘ Pre-paid credit or debit cards
✘ Cheques or chequebooks
✘ Equipment to create counterfeit currency or financial instruments
✘ Financial services, including accounting, insurance, banking and loans.

22.7 GAMBLING. Listings may not promote the buying, selling or facilitation of online gambling for money or money’s worth, including digital currencies. Online gambling includes gaming, betting, lotteries, raffles, casino, fantasy sports, bingo, poker and sweepstakes in an online environment.

22.8 HAZARDOUS GOODS AND MATERIALS. Listings may not promote the buying or selling of hazardous materials and substances.

✘ Chemical pesticides and insecticides
✘ Asbestos, cyanide, chloroform and carbon tetrachloride
✘ Corrosive substances
✘ Flammable and combustible substances and products

22.9 HUMAN EXPLOITATION AND SEXUAL SERVICES. Listings may not promote any form of human trafficking, prostitution, escort or sexual services.

✘ Persons for sale
✘ People smuggling
✘ Escort agencies
✘ Commercial sex
✘ Live shows for adult entertainment
✘ Sexually suggestive services (For example, “texts to send her to get her in bed”)
✘ Domestic helpers and personnel services, including the hiring of maids and other workers
✘ Dating and matchmaking services
✘ Child pornography

22.10 INGESTIBLE SUPPLEMENTS. Listings may not promote the buying or selling of ingestible supplements.

✘ Anabolic steroids
✘ Chitosan
✘ Comfrey
✘ Dehydroepiandrosterone
✘Ephedra
✘Human growth hormones
✘ Protein bars and protein powder
✘ Vitamins

22.11 JOBS. Listings on commerce products may not promote job opportunities. This prohibition includes job opportunities that fully describe the associated product or business model, as well as job opportunities that are misleading, deceptive, fraudulent or have an unclear business model.

✘ “Get rich quick” schemes
✘ Multi-level marketing opportunities

22.12 LAND, ANIMALS AND ANIMAL PRODUCTS. Listings may not promote the buying or selling of animals or animal parts, or land in ecological conservation areas.

✘ Medicines, medical devices and veterinary services
✘ Any product or part from dogs, cats, or endangered or threatened animals such as leather, skin, hide, fur, wool or hair
✘ Animal parts, including, but not limited to, bone, teeth, horn, ivory, taxidermy, organs, external limbs, secretions or carcasses
✘ Products from animals intended for consumption, such as raw fish, meat or eggs
✘ Live animals including livestock and pets
✘ Land or property of any type in ecological conservation areas
✓ Animal cages
✓ Products for animal use such as toys, collars etc.

22.13 MEDICAL AND HEALTHCARE PRODUCTS. Listings may not promote medical and healthcare products and services, including medical devices or smoking cessation products containing nicotine.

✘ Contact lenses and reading and prescription glasses
✘ Thermometers
✘ Testing kits for medical conditions or diseases
✘ First-aid kits
✘ Breast pumps
✓ Lifestyle and fitness accessories, including watches
✓Ovulation and pregnancy tests

22.14 MISLEADING, VIOLENT. OR HATEFUL. Listings may not contain misleading, violent or hateful products and offers.

✘ Listings may not promote the buying or selling of hate material, which includes, among other things, literature, memorabilia, symbols and slogans associated with extremist or racist ideologies or holocaust denial.
✘ Listings that are misleading, shocking, sensational or portray excessive violence.
✘ Listings may not solicit ratings or reviews
✘ Posts must not imply or attempt to generate negative self-perception in order to promote diet, weight loss or other health-related products.
✘ Person showing how loose-fitting his or her clothes are
✘ Person with clothes that are too tight

22.15 NO ITEMS FOR SALE. Listings may not promote news, humour or other content that does not offer any product for sale.

✘ Donations
✘ Jokes and memes
✘ Lost and found posts
✘ News and awareness posts
✘ Listings in search of, in need of or looking to buy

22.16 PRESCRIPTION PRODUCTS, DRUGS AND DRUG PARAPHERNALIA. Listings may not promote the buying or selling of drugs, drug paraphernalia or prescription products.

✘ Drugs, including marijuana and marijuana products
✘ Drug paraphernalia, including pipes and bongs
✘ Prescription products, including prescription drugs

22.17 RECALLED PRODUCTS. Listings may not promote the buying or selling of recalled products.

If you’re unsure whether the item you’re buying or selling has been recalled, look on the website of the item’s manufacturer or relevant government entity.

22.18 SERVICES. Services may not be listed.

✘ Automotive services, including maintenance
✘ Event services, including photography and party and wedding planning
✘ Fitness services, including gyms and trainers
✘ Home maintenance services, including cleaning, construction, painting, plumbing, electricians and lawn care
✘ Non-veterinary animal services including grooming, training, pet-sitting and walking
✘ Personal wellness services, including hair and nail styling, spas and salon services
✘ Travel services, including airline services, hotel accommodation and car rentals

22.19 SEXUALLY POSITIONED PRODUCTS. Listings may not position products or services in a sexually suggestive manner.

✘ Zoomed in sexual images: Images must not be zoomed in on chests, breasts, buttocks or genitalia. Images of models for swimwear, sleepwear and underwear must show either the mouth, navel or knees of the model
✘ Implied nudity: Images showing the last layer of clothing being removed, or implied removal of the last layer of clothing are not allowed. Additionally, images showing models wearing clothing such as thongs, G-strings and clothes that show the bottom or underside of the chest or breasts are not allowed
✘ Implied sexual acts: Images showing implied sexual acts and activity are not allowed

22.20 STOLEN GOODS. Listings may not promote the buying or selling of items that have been stolen.

22.21 SUBSCRIPTIONS AND DIGITAL PRODUCTS. Listings may not promote the buying or selling of downloadable digital content, digital subscriptions or digital accounts.

✘ Listings with downloadable content, including PDFs, music, games, films etc.
✘ Digital accounts, including Netflix accounts or games accounts
✘ Digital subscriptions and Internet streaming services, including television subscriptions, mobile phone service subscriptions, Netflix subscriptions, Spotify subscriptions etc.
✘ Digital coupons and download codes
✓ Authentic audio or video CDs, DVDs and Blu Ray
✓ Digital devices, including smartphone, video game consoles and TVs

22.22 THIRD-PARTY INFRINGEMENT. Listings may not contain content that infringes upon or violates the intellectual property rights of any third party, including copyright or trademark. This includes, but is not limited to, the promotion or sale of counterfeits, such as goods that copy the trademark (name or logo) and/or distinctive features of another company’s products to imitate a genuine product.

22.23 TOBACCO PRODUCTS AND RELATED. Listings may not promote the buying or selling of tobacco products or tobacco paraphernalia.

✘ Cigarettes, cigars and chewing tobacco
✘ Tobacco pipes and paraphernalia
✘ Tobacco-rolling machines
✘ Hookahs and hookah lounges
✘ Bongs
✘ Rolling papers
✘ Electronic cigarettes (E-cigarettes) or tobacco devices
✓ Clothing featuring a tobacco brand logo

22.24 USED COSMETICS. Listings may not promote the buying or selling of cosmetics that have been used, or that are not sold in their original packaging.

✘ Used make up and make-up brushes
✘ Used shampoo
✘ Perfume testers

22.25 WEAPONS, AMMUNITION AND EXPLOSIVES. Listings may not promote the buying or selling of weapons, ammunition and explosives.

✘ Weapons and weapon parts
✘ Weapon accessories such as grips, sights, scopes, magazines, lasers and lights

✘ Ammunition, including ammunition components
✘ Bows, crossbows and their parts and projectiles, such as arrows and crossbow bolts
✘ Paintball, airsoft and BB guns, and their parts and projectiles
✘ Explosives and fireworks, including their components and ingredients
✘ Pepper spray, tasers and other products designed to stun or incapacitate
✘ Edged-weapons, including swords and utility, hunting, combat and self-defence knives
✘ Historical, antique and collectible weapons
✘ Gun ranges and gun shows
✓ Educational material promoting weapon safety, training and licensing

22.26 EVENTS OR ADMISSION TICKETS. The buying and selling of tickets is restricted.

✘ Concert, festival or other event tickets
✘ Sporting event tickets
✘ Transit tickets, including train tickets, airline tickets and cruise tickets
✘ Admission tickets, including tickets for museums, historical sites and parks

22.27 GIFT CARDS AND VOUCHERS. The buying and selling of gift cards or vouchers is restricted.

✘ Electronically delivered gift cards or vouchers
✘ Physical gift cards or vouchers

22.28 PET ADOPTION MATCHING SERVICES. Pet adoption matching services are restricted to vetted partners.

✘ Listings offering pets for direct adoption or sale
✘ Animal sponsorship or conservation fundraising projects

20. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BEAT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGA DLESS OF THE FORM OF THE ACTION, WILLAT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, OROERS, ANO OTHER RECOROS, ANO TO ELECTRONIC OELIVERY OF NOTICES, POLICIES, ANO RECOROS OF TRANSACTIONS INITIATEO OR COMPLETEO BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. lf any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

26. THIRD PARTY APIS

From time to time, Linework may make available APls or add-on applications from third parties that integrate or interoperate with the Services (each, an “Application”). lf Licensee, in its sole discretion, chooses to install, access, or enable an Application, Licensee acknowledges and agrees that the third-party provider of such Application may acquire access to Licensee’s account data and information as required for the interoperation or integration of such Application, and that the Application shall be governed by its own terms and conditions and are not part of the Services under this Agreement. Licensee assumes full responsibility for any damages, losses, and costs arising from the use of or inability to use any such Application. To the fullest extent permitted by Applicable Law, Linework disclaims all liabilities with respect to Licensee’s use of or inability to use any such Application and the performance or non-performance of such Application (including direct, indirect, incidental, punitive or consequential damages). Linework has no obligation to monitor such Applications and does not control or endorse the content, messages or information found in such Applications and specifically disclaims any liability with regard to such content, messages or information. Linework does not monitor or control the limitation, suspension or termination of their services and specifically disclaims any liability with regard to such Applications service limitation, suspension or termination. ANY ANO ALL SUCH APPLICATIONS ARE PROVIOEO “AS IS”, ANO LINEWORK OOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGAROING THE USE, THE RESULTS OF THE USE, OR THE BENEFITS OF THE APPLICATIONS, OR ANY INFORMATION CONTAINEO THEREIN OR OTHERWISE PROVIOEO, OR THAT THE APPLICATIONS WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. LINEWORK HEREBY OISCLAIMS ALL REPRESENTATIONS, WARRANTIES ANO OTHER TERMS ANO CONOITIONS WITH REGARO TO SUCH APPLICATIONS, WHETHER EXPRESS, IMPLIEO OR STATUTORY, INCLUOING BUT NOT LIMITEO TO THE IMPLIEO WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, TITLE, ANO NON-INFRINGEMENT.

27. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

LINEWORK USA INC.
800 North State Street, Suite 304
City of Dover, County of Kent, DE 19901
United States
corporate@linework.online

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