Terms of Service

Last updated: June 16, 2020

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LINKALOCAL.

By using LinkaLocal, you are agreeing to the Terms of Service (“Terms”), Privacy Policy, and Community Guidelines. Any and all of the terms of this service are subject to change by LinkaLocal at any time without prior notice.

By accessing or using this service, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the service. These Terms expressly supersede prior agreements or arrangements with you. LinkaLocal may immediately terminate these Terms or any service with respect to you, or generally stop offering or deny access to the service or any portion thereof, at any time for any reason.

LinkaLocal may amend the Terms from time to time. Amendments will be effective upon posting of such updated Terms. Your continued access or use of the service after such posting confirms your consent to be bound by the Terms, as amended. If you do not consent to the updated Terms, please refrain from continued use of the service.

Services

Whether you engage with LinkaLocal as a Seeker or as a Provider, nothing in this engagement makes you an employee, student, or an agent of LinkaLocal. LinkaLocal is not a school, learning center, institution of higher learning, or anything of the sort. Further, there is nothing in the use of this service that creates an employer/employee relationship, or any type of legal entity, including but not limited to, joint venture, partnership, or agency.

License

Subject to your compliance with these Terms, LinkaLocal grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the application on your personal device and desktop web-browser solely in connection with your use of the service; and (ii) access and use any content, information and related materials that may be made available through the service, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by LinkaLocal and LinkaLocal’s licensors.

Restrictions

In connection with your use of this service, you may not:

  • remove any copyright, trademark or other proprietary notices from any portion of the service;
  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the service except as expressly permitted by LinkaLocal;
  • decompile, reverse engineer or disassemble the service except as may be permitted by applicable law;
  • link to, mirror or frame any portion of the service;
  • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the service or unduly burdening or hindering the operation and/or functionality of any aspect of the service;
  • attempt to gain unauthorized access to or impair any aspect of the service or its related systems or networks; or,
  • violate the Computer Fraud and Abuse Act.

Ownership

The service and all rights therein are and shall remain LinkaLocal’s property or the property of LinkaLocal’s licensors. Neither these Terms nor your use of the service convey or grant to you any rights: (i) in or related to the service except for the limited license granted above; or (ii) to use or reference in any manner LinkaLocal’s company names, logos, service names, trademarks or services marks or those of LinkaLocal’s licensors.

User Accounts

General

Use of this service requires you register an account, and maintain a profile and payment information. Account registration requires you to submit to LinkaLocal certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. Failing to maintain accurate, complete, and up-to-date account information, including payment information, may result in your inability to access or use the service. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your username and password at all times. You may not possess multiple accounts unless otherwise explicitly permitted by LinkaLocal in writing.

Language Status

Of the utmost importance to your account and the service, is the truthfulness and accuracy of your language experience. At all times, you must provide accurate and truthful information regarding your abilities, experience, expertise, in any language. Any expertise, status, credential, that is being claimed must be independently verifiable, and supporting information must be provided upon request for confirmation. Any inaccuracy in your language skills is a violation of these terms and will subject any user who has committed such a violation to removal from the service.

Authorizations and Assignments

You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to participate in the service. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the service, and you may only access or use the service for lawful purposes. You may not in your access or use of the service cause nuisance, annoyance, inconvenience, trespass, or property damage.

License

By providing User Content to LinkaLocal, you grant LinkaLocal a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify,create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised (including in connection with the service and LinkaLocal’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

Representations and Warranties

You represent and warrant that: (i) you either are the sole and exclusive owner of all user content or you have all rights, licenses, consents and releases necessary to grant LinkaLocal the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor LinkaLocal's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Prohibited Content

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LinkaLocal in its sole discretion, whether or not such material may be protected by law. LinkaLocal may, but shall not be obligated to, review, monitor, or remove User Content, at LinkaLocal's sole discretion and at any time and for any reason, without notice to you.

Messaging

LinkaLocal is committed to maintaining a civil and respectful community, and does not tolerate inappropriate content or misconduct. Messages between users must not be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. LinkaLocal encourages all users to report anyone who does not follow these behavioral guidelines.

Conflict of Laws

By using LinkaLocal, you agree that the laws of the state of Georgia will govern these conditions of use and any dispute of any sort that might arise between you and LinkaLocal, without regard to principles of conflict of laws.

Payment Processing

All transactions are processed by a third-party payment processor, Stripe. Information collected directly by Stripe, including your full payment card information, is governed by rigorous data protection standards that apply to the payment card industry, which you can read in full here:https://stripe.com/privacy .

Indemnity

You will indemnify, defend, and hold harmless LinkaLocal and its owners, affiliates, directors, officers, employees, assignees, and agents, from and against all third-party actions that:

  • arise from your activities on the LinkaLocal application and/or through the LinkaLocal service;
  • assert a violation of law, code, treatise, regulation, statute, etc., by you, that involves your use of this service; or
  • assert that any content you submitted to LinkaLocal violates any law or infringes any third party right, including any intellectual property, trade secret, and/or privacy right.

You agree to pay all of LinkaLocal’s legal costs and fees, including but not limited to, attorneys’ fees, settlement payments, damages, in defending LinkaLocal against any legal action, legal claim, or lawsuit, arising from any activity from your profile/account, or personal actions associated with use of the service, whether done intentionally, unintentionally, or by negligence, including any of your posting, uploading, or input on the service, and any acts committed in person, in connection with the service.

Limitation of Liability

IN NO EVENT SHALL LINKALOCAL, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, BENEFICIARIES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

  • ERRORS, MISTAKES, MISREPRESENTATIONS, OR INACCURACIES OF CONTENT ON THE APPLICATION,
  • PERSONAL INJURY, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF LINKALOCAL’S SERVICES,
  • UNAUTHORIZED OR AUTHORIZED ACCESS TO, OR USE OF, THE SERVERS LINKALOCAL USES AND/OR ANY AND ALL PERSONAL, PROFESSIONAL, AND/OR FINANCIAL INFORMATION STORED THEREIN,
  • ANY INTERRUPTION OR CESSATION, OF OUR SERVICES,
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY,
  • ANY TORTIOUS OR CRIMINAL ACT BY A THIRD-PARTY, AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT LINKALOCAL SHALL NOT BE LIABLE FOR UPLOADED CONTENT, THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, ENTITY, ORGANIZATION, INDIVIDUAL, AND/OR THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

LinkaLocal is operated within the United States of America, and makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Users of LinkaLocal are expected to obey and abide by all state and federal laws in using the service.

Should any portion of this agreement be found invalid, unenforceable, or otherwise need to be severed, such invalidity, enforceability, or severance, will apply as narrowly as possible, to the specific section, paragraph, line, or word, and the remainder of the agreement and terms will remain in effect.

Representations and Warranties by You

For each piece of content that you upload, input, or cause to be input, you represent and warrant that:

  • you have the right to submit the content to LinkaLocal and grant the necessary licenses;
  • LinkaLocal will not need to obtain licenses from any third-party or pay royalties to any third-party;
  • the content does not infringe any third-party's rights, including intellectual property rights and privacy rights; and
  • the content complies with this Agreement and all applicable laws.

Ability to Accept Terms

You affirm that you are fully able and competent to accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by, and comply with these Terms of Service, and the Community Guidelines.

Age Requirement

You must be at least 18 years old to use the LinkaLocal service. Please exit the service immediately if you are not at least 18 years of age. If you are under 18, you are not authorized to use this website. LinkaLocal does not permit users under the age of 18 on the platform, and does not knowingly collect personal information from anyone under the age of 18. If you suspect that a user is under the age of 18, please report the user to the administrator of the service.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LinkaLocal without restriction.

Disclaimer

The services are provided "as is" and "as available." LinkaLocal disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, LinkaLocal makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the service, or that the service will be uninterrupted or error-free. LinkaLocal does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the service, remains solely with you, to the maximum extent permitted under applicable law.

You acknowledge that your ability to obtain language practice and logistics through the use of the service does not establish LinkaLocal as a provider of linguistics, logistics, or language learning services.

Community Guidelines

By using this service, you are agreeing to adhere to the Community Guidelines as they are written hereafter. Failure to abide by the guidelines or service terms may result in removal from the service, banning/suspension of your account, or any other appropriate recourse as determined by LinkaLocal or law enforcement.

LinkaLocal is designed to connect individuals who would like to practice their language skills with a native (or skilled) language speaker. The service is largely dependent on in-person meetings with other community members. For the sake of the community, LinkaLocal asks that all its members be kind, friendly, respectful, and display appropriate decorum in their interactions.

Meeting Locations

LinkaLocal provides suggested meeting locations for the practice sessions. Please keep the locations to those suggested locations or others of similar-style, size, ambiance, atmosphere, and price. Under no circumstances, should any meetings be conducted in a private residence, home, apartment, or any non-public location.

At any of these public locations, you must adhere to the rules of that location, and nothing about your participation in this service affords any rights greater than the established rules of the location.

Attire

Please wear appropriate attire for any practice session through the service. Avoid wearing any clothing that is overly revealing, unkempt, dirty, or has offensive, sexually suggestive, or controversial words, images, or symbols, on it.

Topics of conversation

Please avoid offensive, sexually suggestive, or controversial topics of conversation during the practice sessions. For example, the following topics should be avoided:

  • Politics
  • Religion
  • Sex/Sexuality
  • Race/Ethnicity

Communication with Others

Communication with other LinkaLocal members through the application is expected and encouraged. Please keep the communications appropriate, pleasant, and professional. Any communications which are not in-line with our values will be terminated, and the initiator of the communications may be removed from the application as well. If you are having an issue with another user through the service, please submit a complaint detailing the issues, dates, and user, to our Admin – support@linkalocal.com.

LinkaLocal also reserves the right to take action to prevent further use of the application by individuals who violate these Community Guidelines.

User Profiles

To use LinkaLocal, users will need to create a profile. This information is public. Please upload a picture that accurately represents you as of the day you upload. Please input your real name, an active email address, and a current phone number. You can upload much more professional information, including links to your LinkedIn profile, any personal websites, links to your social media, etc. Please ensure that the content is appropriate before uploading.

Uploaded Content

In using the LinkaLocal application, you understand and agree that you are uploading and providing personal information to a third-party, and that you have no expectation of privacy in doing so. The information that you upload should be true, correct, and accurate to the best of your ability. The application is designed to facilitate interactions between users, and it works best if the contact information that you provide is correct.

Please refrain from using logos, company names, email addresses, phone numbers, web links, LinkedIn links, and social media profiles, that do not belong to you, that you are not allowed to use, or from places where you no longer work.

Termination

LinkaLocal may terminate your account for any reason or no reason. If your account is deleted, it is likely that you have violated the spirit or letter of the community guidelines, terms of service, or privacy policy. LinkaLocal is under no obligation to communicate the reason for termination. However, you are allowed to review the Community Guidelines, and re-apply if you feel the decision was made in error.

Types of Content

LinkaLocal does not allow the posting of nudity, sexual content, pornographic material, violent or graphic content, hateful content, harmful or dangerous content, illegally copyrighted content, threatening content, unlawful acts, extreme violence, fraudulent business schemes, defamatory content, discriminatory content, or spam. Failure to adhere to this policy will result in LinkaLocal taking any and all available action.