Activation Date: In respect of a Service, the date on which that Service is made available for your use;
Authorised Users: Those employees, agents, clients and independent contractors of your entity who are authorised by you to use the Services and the Documentation;
Confidential Information: All documentation, technical information, software, feedback, reports about the Services, trade secrets or know how or other materials of a confidential nature disclosed by us to you in connection with your use of the Services;
Data: Any data in respect of the Services provided;
Documentation: All documents and guides provided by us;
Intellectual Property Rights: All patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all and other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world;
Service: Any service provided by us;
Site: Our website at www.shortedlink.com, www.shrtd.cc and http://www.shr.td and all related domains, subdomains;
Subscription Fees: The subscription fees payable by you to us for the User Subscriptions;
Term: The term described in clause 1;
1.1: By accessing or using Shortedlink:
You hereby agree to be bound by these terms of service. If you disagree with any part of these terms of service then you may not access this site; and
you confirm that you can form a binding contract with us, that you accept these terms of service and that you agree to comply with them.
Jurisdiction Specific Terms: If you access or use Shortedlink from a jurisdiction for which there are Jurisdiction Specific Terms, you also hereby agree to the specific terms applicable to each relevant jurisdiction and in the event of a conflict between the provisions of these terms of service and the Jurisdiction Specific Terms, the Jurisdiction Specific Terms will prevail to the extent of the inconsistency.
You are the authorised representative of a business (if relevant): If you are accessing Shortedlink on behalf of a business or entity then you represent and warrant that you are an authorised representative of the business or the entity with the authority to bind the entity to these terms of service, and that you agree to these terms of service on the entity's behalf.
Eligibility: You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you must obtain the consent from your parent or guardian for you to use Shortedlink and they agree to be bound by these terms of service on your behalf.
2. Account Creation
2.1: For full use of the Site requires that you create an account on the Site by providing us with a valid email and strong password. Your account will be created once you complete the registration form in accordance with the instructions provided.
2.2: You represent and undertake that, in relation to your account:
all required information you submit is truthful and accurate and you will maintain the accuracy of such information;
you will keep a secure password for use of the account, that such password will be changed as frequently as is required by us in our absolute discretion, and that you will keep the password confidential;
you will not allow your account profile to be used by any other unregistered user; and
you will permit us to audit the account in order to establish compliance with these Terms of Service
3. Lawful Use
3.1: You (and will procure that your Authorised Users and each of them) will not access, store, distribute or transmit any Viruses, or any material during the course of your use of the Services that:
is unlawful, threatening, obscene, infringing, harmful, harassing or racially or ethnically offensive, defamatory;
facilitates illegal activity;
depicts sexually explicit images;
promotes unlawful violence;
is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
in a manner that is otherwise illegal or causes damage or injury to any person or property; or
is for the purpose of tracking spam-related material.
5.2: You acknowledge that you are solely responsible for ensuring that your use (and the use of your Authorised Users) of the Services does not infringe with this Terms of Service. We reserve the right, without liability or prejudice to our other rights, to disable your access if we become aware of any use of any material that breaches the provisions of this Clause.
4. Pricing, Renewal and Cancellation of Services
4.1: We may change our Service fees, at any time by updating the applicable pricing information or other terms posted on the Site. New pricing terms will become effective beginning with the first full billing cycle after we post any such changes to the Site. If you do not agree to any such changes, you must cancel your account or the affected Service before those changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
4.2: Unless stated otherwise on the Site in respect of a particular Service, each Service will be provided and billed on the periodic subscription basis you have signed up to, measured from the Activation Date. Your subscription will automatically renew at the end of that period (“Anniversary Date”) unless you cancel it in accordance with Section 4.3. If we have not received a notice of cancellation, and payment is not received by the Anniversary Date, your Service (and the associated Data) may be suspended, deleted or downgraded to a free service. All the Data collected from your links and dashboard may be deleted without any notice in such circumstances.
4.3: At any time after the Activation Date, either you or we may cancel that Service (or we may discontinue that Service completely) by providing 30 days' written notice to the other party, in which case the Service will terminate on the date specified in that cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services). You will not be entitled to any refund if you cancel a Service before the Anniversary Date. If you are availing of a free Service, we may terminate it immediately upon notice (which may be via an announcement on the Site).
4.4: If for any reason we do cancel a Service (which we may do at our sole discretion) , or are no longer able to continue a Service (other than for any reason set out in Section 18), you will only be entitled to a refund of fees already paid, calculated pro rata, for the unexpired period of the User Subscription. In any case, a refund will not amount to more than the fees already paid by you.
4.5: We also reserve the right to cancel any individual Service immediately and without notice in the event that you breach any provision of these Terms of Service or any other terms that apply to that Service.
5.1: We reserve the right, in our sole discretion and without notice to you, to suspend, terminate, modify or delete an user account its contents, if you are, or we suspect that you are, failing to comply with any of the provisions of these Terms of Service or for any actual or suspected illegal or improper use of the Site. If you use multiple accounts, then we may take action against all your accounts. Any activity regarded as unlawful may be reported to the police.
6.1: The Site contains hyperlinks to third party web sites. Most of the linked sites are not under our control and we are not responsible for, and make no representations or warranties with respect to, the contents or privacy policies or practices of any linked sites or any link contained in a linked site. The inclusion of a linked site is for our users' convenience only and is not intended as and should not be construed as an endorsement or recommendation by us of the linked site or its content.
7. Proprietary Rights
7.1: We own all Intellectual Property Rights in the Services, Documentation and the Site. We hereby grant you a non-exclusive, non-transferable licence to use the forgoing for the sole purpose of exercising your rights under these Terms and Conditions during the Term.
7.2: You will own all Intellectual Property Rights in and to your own Data and will have sole responsibility for the legality, reliability, integrity, accuracy and quality thereof.
7.3: You may not sell, assign, grant a security interest in nor otherwise transfer any right to the Services or incorporate any of them (or any part) into another product/service.
8. Marketing & Publicity
8.1: Unless you have otherwise requested in writing prior to the Activation Date you agree that we may include your trademarks, name, and logos, comments and feedback in our customer lists, press releases, marketing materials, and on the Site.
9.1: During the Term and thereafter, you will treat all Confidential Information of ours that you may receive as secret, confidential, and proprietary, and will not disclose or use the same without our prior written consent, other than to your Authorised Users, employees and contractors on a need to know basis, or as required by law. You will implement such procedures as reasonably necessary to prevent the intentional or negligent disclosure to any third party of any Confidential Information. Notwithstanding the foregoing, nothing in this clause will prevent the disclosure by you of information that:
prior to its disclosure, was of general public knowledge;
becomes, subsequent to its disclosure to you, a matter of general public knowledge other than as a consequence of a breach by you of any obligation under these Terms of Service; ;
is made public by us; or
is received in good faith from a third party having the right to disclose it, who to your knowledge, did not obtain such information from us and who imposes no obligation of secrecy on you with respect to such information
10. Third party domains
10.1: If you chose to connect a domain to our Site which you have purchased through any other domain provider, it is your sole and explicit responsibility to adhere to the terms set out by that domain provider as well as the terms contained within these Terms of Service. We will have no liability to any third party for your use of any other domain.