SUPERLINK TERMS OF SERVICE Last Updated: September 3, 2024 Welcome to SuperLink! This is a legal document. By using SuperLink, you agree to terms below. This Agreement is entered into by and between you and SuperLink LLC (“Company”, “we”, “our”, or “us”) and pertains to your use of https://superlink.io/ or any services provided therein, including mobile applications, sub-domains, clickable URL, and websites with a link to these Terms of Service (collectively, “SuperLink”). The term “User”, “you” or “your” refers to anyone who uses, accesses, or otherwise interacts with SuperLink, whether a Creator or a Fan or both (as defined below). We and you are each referred as a “Party” and collectively the “Parties.” PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING SUPERLINK OR PROVIDING ANY INFORMATION TO US. By accessing, downloading from, clicking on the “I Accept” (or similar button) to complete the registration process on SuperLink, or otherwise using SuperLink (including any content, functionalities, and services made available to you through SuperLink), you represent that you have read, understand, and agree to be bound by the following terms, including SuperLink Privacy Policy and other policies, guidelines, terms, or rules we post on SuperLink (“Additional Terms”) which will be published on SuperLink and incorporated as binding parts of this Agreement (collectively, "Terms of Service" or “Agreement”) and have full legal authority to enter into this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS SUPERLINK IN ANY MANNER. Adults only! Only individuals over the age of 18 may use the services or provide Personal Data (subject to our Privacy Policy) through SuperLink. By using SuperLink, you represent and warrant that you are of legal age to form a binding contract with us. No repeat offenders. By using SuperLink, you represent and warrant your access to SuperLink has never been suspended or terminated for any reason. IF YOU DO NOT MEET THESE REQUIREMENTS, YOU MAY NOT ACCESS OR USE SUPERLINK! No Professional Advice. THE INFORMATION PROVIDED AS PART OF YOUR USE OF AND ACCESS TO SUPERLINK IS FOR PERSONAL, INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE. SUCH INFORMATION MAY NOT BE ACCURATE OR SUITABLE FOR ALL INDIVIDUALS. FOR MORE DETAILS, PLEASE REVIEW SECTION 6. For the Lawyers. These Terms of Service contain an arbitration and class action/jury waiver provision in Section 9 that requires both Parties to resolve disputes by binding arbitration instead of in court. In arbitration, class actions and jury trials are not permitted. Therefore, please review Section 9 carefully, as it governs and affects your rights to resolve dispute with us.
SUMMARY: We provide an interactive tool to enable you to manage and share Contents across different social media platforms, through one simple link. To access certain features on SuperLink, you may register and create an Account as a Creator or access Content as a Fan. SuperLink. What We Do: SuperLink is a link-in-bio, content-sharing platform that puts you in control. We provide a central management hub and clickable URL that can be added to any social media profile. Through SuperLink, you have the power to better connect with Fans and followers by transporting them from one of your social media profile(s) to your website(s), the landing page of products you are promoting, or your profile page(s) set up on another social media platform. By removing barriers and providing direct accesses between creators, fans, and followers, we strive to improve Creators’ engagement and experiences. How we manage SuperLink: While we may monitor some pages to enforce this Agreement, we are not responsible for information provided by you or other users of SuperLink. We do not endorse any product or services, serve as an agent or representative, function as a publisher, or moderate content—except as required by applicable law. You acknowledge that SuperLink is intended solely to help you manage your social media accounts, and that SuperLink is not liable for any Content you post or for the manner in which you use your social media accounts. Your Use or Access of SuperLink. Who is a Creator? A “Creator” is an individual who creates a SuperLink portal through account registration to engage with their Fans on or off SuperLink (including messaging), upload Content (as defined below) on SuperLink to showcase your creativity, promote certain merchandise to Fans, and generate revenues by setting fees payable by Fans who wish to view certain exclusive Content by a Creator, among others. Who is a Fan? A “Fan” is an individual who follows or subscribes to a Creator’s Content, makes a purchase, or otherwise interacts with Creator(s) through SuperLink. Through a purchase, a Fan may receive additional benefits including Direct Messaging (as defined in “Creator Terms” in Section 14) or other interactions with Creators through certain functions and features made available exclusively to Fans who choose to register an Account with SuperLink. What type of Content do you see? “Content” means any creative expression, data, photos, images, videos, audios, livestream materials, messages, or other materials made available to a User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, replies, “likes,” comments, and any other material whatsoever, whether it is uploaded by a User or displayed by SuperLink. Customer Support. For questions concerning your Account, payments, our services, or these Terms of Service, as well as general customer support, please contact us at hello@superlink.io
SUMMARY: Your Account gives you the ability to access SuperLink and additional functionalities that we may establish and maintain from time to time and in our sole discretion. Registration. You may be required to sign up for an account with SuperLink to either interact with your Fans or otherwise engage in dynamic interactions with the Creators that you actively follow (“Account”), select a password and username (“User ID”), and provide us with certain information or data, such as your contact information. User ID. Your User ID is important for building a curated fanbase and promoting your brand. Therefore, your User ID must be appropriate for all audiences. You shall not register a User ID using a name that you do not have the right to use (such as a celebrity name, a trade name, brand name, etc.), another person’s name with the intent to impersonate that person, or using a name that is offensive or obscene. You shall not (i) transfer your Account to anyone else without our prior written permission; or (ii) share your login information with other individuals as prohibited under this Agreement. Third Party Account. Additionally, you may be able to access certain parts or features of SuperLink by using your Account credentials from other services (each, a “Third Party Account”), such as those offered by Google, Facebook, or Twitter etc. By using the services through a Third Party Account, you give us the permission to access certain information from such Third Party Account for use by SuperLink, and in some cases, store your log-in credentials for that Third Party Account. You are ultimately in control of how much information that you make available or publish on your social media account(s) and/or SuperLink. At any time, you can revoke our access to these Third Party Accounts by adjusting your privacy or security settings on your Third Party Accounts. Terms for Creators and Fans. We want you to be in the know about additional terms involving interactions among Users, payment, tax, compliance of laws, among others. Creator. If you sign up as a Creator or on behalf of a Creator, additional terms and conditions may apply. For more details, please review “Creator Terms” in Section 14 (Service Addendum). Fan. As a Fan, you may access certain Content or services, such as Locked Content, Direct Messaging or Video Appointments, and other features, made available exclusively to certain Users. For more details, please review “Fan Terms” in Section 14 (Service Addendum).
SUMMARY: For a variety of reasons, we need to set some house rules on what products, know-how, and materials that you can promote and share, and how you interact with each other through SuperLink. 3.1 Prohibited Conduct. You agree that you will not (and will not permit any third party to), under any circumstances (except to the extent expressly authorized by this Agreement) use SuperLink for any purpose that breaches applicable laws, or is prohibited by other policies that we may publish on SuperLink, including: No Harmful, Violent, or Illegal Content, such as Do not use SuperLink for any purpose that may be deemed by us or others to be invasive of another’s privacy, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, explicit, illegal, or otherwise in violation of this Agreement or any other agreement between the Parties; Do not post any unsafe, violent or self-harm techniques or tips, or links to websites that promote unsafe how-to instructions, through images, videos, posts, or other methods; Do not share Content advocating, promoting, celebrating, or encouraging violence, physical harm, or death against any individual, group, entity, or organization, including instructions or materials related to the assembly of bombs or other weapons, or promote violence using firearms or other weapons; or Do not share Content that promotes, supports, or affiliates with violent extremist and terrorist groups. We may share relevant information and work with appropriate law enforcement authorities, when possible, to prevent harm. No Impersonation or Misleading Content, such as: Do not impersonate any person or entity (including us), or solicit information from another User in furtherance of identity theft or another unlawful purpose, including without limitation misappropriation of another person’s likeness, name, or voice; Do not post, share or promote deceptive or fraudulent Content, including spreading misleading information, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding them in pop-up ads; Do not post Content or spread misleading information generated through deep-fake tools, voice-cloning software or other similar AI-enabled technologies without an appropriate disclaimer or label that clearly discloses that such Content is fake, manipulated, or manufactured. No Nudity or other Sexual Content: You may not share any content that is sexually exploitive of any individual, including: No Nudity: Do not post or share photos, videos, and digitally-created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks, including those that superimpose or digitally manipulate an individual’s face onto another person’s nude or semi-nude body; No Non-consensual Content: Do not share intimate photos, videos, or other media of someone that was produced or distributed without their consent, even if it otherwise adheres to this policy; No unwanted sexual advances: Do not make unwanted sexual advances and share content that sexually objectifies an individual without their consent. This includes sending someone unwanted sexual language, media, imagery, the sexual discussion of someone’s body, or the solicitation of sexual acts. No hacking or posting harms to SuperLink, such as Do not take any action that imposes an unreasonable or disproportionally large load on the infrastructure of SuperLink or our systems or networks, or any systems or networks connected to SuperLink, including by “flooding” SuperLink with requests; Do not post any Content that contains any computer hardware or software, virus, Trojan horse, worm, spyware, or any other computer programming that may interfere with the operation of SuperLink; No infringement: Do not use SuperLink (including any Content) in any manner that infringes others’ intellectual property rights, such as: Misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of SuperLink or any third party; Removes, obscures or modifies a copyright or other proprietary rights notice in SuperLink; Deciphers, decompiles, disassembles, reverse engineers, or attempts to conduct the foregoing any of the software comprising or in any way making up a part of SuperLink; Copies, modifies, reproduces, republishes, uploads, posts, transmits, translates, sells, exploits, distributes, or creates derivative works of any material from SuperLink, in any manner or medium (including by email or other electronic means), unless explicitly authorized in this Agreement; Frames or otherwise simulates the appearance or functions of SuperLink or any portion thereof; or Modifies, copies, sells, resells, rents, leases, loans, sublicenses, redistributes, or creates any derivative work of, any portion of SuperLink, including any SuperLink Content included on SuperLink. No Exploitation of SuperLink, such as Do not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on SuperLink, deep-link to any feature or Content on SuperLink, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other similar measures, without our express permission; or Do not harvest or scrap information manually on a mass basis (unless we have given you separate written permission to do so). No Abuse of Personal Data, such as: Do not collect, store, post, or use any Personal Data (as defined in the Privacy Policy) about other Users without their express permission or in violation of applicable data protection laws; Do not disclose, threaten to disclose, or try to get others to disclose proprietary information that you do not have the right to disclose; Do not disclose Sensitive Personal Data that you do not have the right to disclose or your own Personal Data that you do not wish to make such information publicly available; or Do not post in public an email or private message from any other User, moderator or administrator. For purposes of this Terms of Service, “Sensitive Personal Data” means Personal Data regarding a User’s (i) government-issued IDs, Social Security numbers, or other national identity numbers or documents; (ii) financial account information, including bank account, debit card, and/or credit card details; (iii) precise geolocation or other identifying information relating to a User’s specific locations that are considered private; (iv) username or email address in combination with a password or security question and answer that would permit access to an online account; or (v) other sensitive information, including biometric data, health insurance information, medical information regarding medical history, medical treatment, mental or physical condition, or medical records. No Harm to Minors. Don’t use SuperLink in a way that harms minors (or anyone, really); Message Content and/or links to content that features, shares, promotes or facilitates the sexual exploitation of children is strictly prohibited. This includes media, text, illustrations, computer generated images, and links to sites that contain this content. When we become aware of content depicting or promoting child sexual exploitation we will remove the responsible Account and report it to the appropriate law enforcement authorities. No Spam. Do not use SuperLink for any purpose that constitutes unauthorized advertising, junk or bulk e-mails, chain letters, any form of lottery or gambling; No Sharing Login Information. Do not share your login information with another individual in violation of Section 2 (Your Account); or No Breach of Obligations: Do not violate additional acceptable use policy (where applicable), additional community guideline posted on SuperLink, or other contractual or legal duties to a third party. 3.2 Interactions with Other Users. If you choose to use features in SuperLink that allow you to interact with other Users of the SuperLink community, you are responsible for how you interact with them. We ask that you act in a courteous manner to others and exercise good judgement. You are solely responsible for your interactions with other Users, whether online or in person, including but not limited to interactive messages, video calls, and any related reactions, emoji, chats, comments, and a User’s responses to challenges, call-to-attention, and friendly competition. We ask that you act in a courteous manner to others and exercise good judgment. You should not share, post, or otherwise disclose your Sensitive Personal Data or proprietary information when you interact with other Users through SuperLink. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We do not control what Users do or say and we aren’t responsible for their (or your) actions or conduct (whether online or offline). We assume no responsibility or liability for any loss or damage arising from, attributing to, or resulting from any interaction with other Users or other individuals who access SuperLink, individuals you meet through SuperLink, or individuals who find you because of User Content posted on, by or through SuperLink. We are not a party to any agreement, transaction, or arrangement between a Creator and a Fan outside SuperLink, whether or not we receive some form of remuneration as described in “Creator Terms” of Section 14 (Service Addendum). In the event that you have a dispute with one or more Users as a result of such interactions outside SuperLink, you release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 3.3 Non-discrimination Policy. We want to build an inclusive community and want you to respect each other. We want all Users to feel welcome and included on SuperLink. Accordingly, we prohibit discrimination against Users, guests, or our personnel based on race, color, religion, sex, national origin, ancestry, ethnicity, immigration status, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local laws. This prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on SuperLink. We will, at our discretion, take steps to enforce this non-discrimination policy, up to and including suspending from SuperLink those Users who violate this policy. If you experience discrimination with any User(s), please contact support at the “Contact Us” information provided at the end of this Agreement, with the subject “Non-discrimination Policy,” so we can investigate and take appropriate measures. 3.4 Prohibited Items. We do not tolerate any Content that promotes, supports, or glorifies hatred, illegal activities, or materials that could pose harms to others, including without limitation: Underage drinking to Users under age 21 in the U.S.; Use or sale of tobacco to Users under age 21 or illegal drugs; Hazardous Materials (e.g., explosives, flammable items, toxic substances, radioactive materials); Guns, firearms, or other weapons that could inflict harm including patterns, designs, plans, or instructions (but excluding kitchen knives, letter openers, and toy slingshots); Items that have been recalled by governments or manufacturers, and that may pose a health or safety hazard; Items that promote, support, or glorify violence or self-harm; Items that promote, support, or glorify hatred; Items that promote illegal activities (such as counterfeit goods, or materials for faking drug tests) and highly regulated activities (such as lottery tickets, cryptocurrency, mortgage finance, or license plate covers); Nudity and mature content, including any BDSM items; Pyramid schemes, gambling, or other illegal activities; or Certain animal products created using any endangered or threatened animal species (such as ivory) and human remains. We reserve the right, but are not obligated, to remove Content that we determine in our sole discretion is not within the spirit of this Section, other terms of this Agreement, or values of our SuperLink community. We can also refuse to provide or stop providing all or part of SuperLink to you (including terminating or disabling your access to SuperLink) immediately to protect our Users, SuperLink (other related offerings), if you violate this Agreement, or where we are permitted or required to do so by law. 3.5 Compliance with Laws. We have the right to monitor Creators and Content and their compliance with these Terms of Service and applicable laws, including but not limited to compliance with The FTC Guides Concerning Use of Endorsements and Testimonials in Advertising (the “FTC Guides”) available at and ; and The FTC’s Disclosures 101 for Social Media influencers (found at ) (last accessed September 1, 2024). We have the right to address noncompliant uses and/or publications of the Content (as determined by us in our sole discretion) by taking any of the following actions alone or in combination: (a) requiring you to fix the Content; (b) fixing the Content on our own or through an agent; (c) suspending or withholding payment (or any portion thereof) according to the “How We Manage and Process Payment” section in the “Creator Terms” in Section 14 (Service Addendum) below; and/or (d) terminating your Account. Without limiting the generality of the foregoing, at our request, Creator agrees to immediately remove or modify (as instructed by us) any Content or portion thereof that we determine in our sole discretion is not in compliance with these Terms of Service or the FTC Guides. Finally, export laws and regulations of the United States and other applicable jurisdictions may prohibit us from conducting business with certain Creators. For more details, please refer to Section 13.8 (Export Controls).
SUMMARY: We strive to deliver a great experience to improve your experience as a User of the SuperLink community. Therefore, we respect each other’s intellectual property rights. Content that you generate, upload, submit, or otherwise provide to SuperLink in its original form and in any media is known as “User Content.” All Content, that is not User Content, is known as “SuperLink Content.” 4.1 User License to SuperLink. You are responsible for and own your Content, but you grant us the following license to use your Content: 4.1.1 Right to User Content. You grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to (i) use, copy, host, modify, process, adapt, prepare derivative works of, distribute, store, perform, translate, and display your Content and any name, username, messages, voice, or likeness provided in connection with your Content in all media formats and channels now known or later developed anywhere in the world; (ii) to use User Content for any business purpose in connection with operating, providing, and improving SuperLink or any other SuperLink products or services; (iii) use User Content in accordance with SuperLink Privacy Policy; (iv) use User Content as authorized or instructed by you; (v) use User Content for legal, safety, or security purposes; and/or (vi) use User Content as permitted or required by applicable laws. This license remains in effect even if you stop using SuperLink. You acknowledge that once your Content is posted on SuperLink, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your Account at any time, but you acknowledge that deleting your Account will not by itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of this Agreement or by third parties prior to the deletion of your Account. 4.1.2 Users’ Responsibilities. You are solely responsible for your Content. We take no responsibility for and do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content. Although we have no obligation to screen, edit, or monitor your Content, we may, at our sole discretion, delete or remove your Content at any time and for any reason, including for violating terms of this Agreement, SuperLink , and additional SuperLink policies that may be made available to you from time to time via SuperLink, or because such Content is likely to create liability for us. 4.2 SuperLink License to Users. SuperLink Content is protected by copyright, trademark, patent, and other applicable laws. SuperLink and SuperLink Content are copyrighted as a collective work under United States copyright laws, and are protected by other laws. Trademarks, logos, and service marks displayed on SuperLink are registered and/or unregistered trademarks owned or licensed by us, our licensors or content providers, or other third parties. You acknowledge that we are the exclusive owner of SuperLink, our logos, marks, copyrighted materials, inventions know-how, potentially patentable business methods, phrases, trade names, HTML code and/or other computer code and/or scripts, which constitute SuperLink Content. We also claim ownership rights under the copyright and trademark laws with regard to the “look,” “feel,” “appearance”, and “graphic function” of SuperLink, including but not limited to its color combinations, sounds, layouts, and designs. Any unauthorized use of the foregoing and violation of Section 3.1 (Prohibited Conduct) is strictly prohibited and may be prosecuted to the fullest extent of the law. Provided that you comply with all your obligations under the Agreement, We grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license to view, access, and use SuperLink and any SuperLink Content to the extent permitted by this Agreement and other applicable laws and policies. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of ours or any third party, except as expressly provided in the Agreement. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of SuperLink Content. All rights not otherwise expressly granted by the Agreement are reserved by us. If you believe any User Content or SuperLink Content infringes copyright or trademark under U.S. or other national laws, please notify us immediately in writing to the contact information immediately following this paragraph that meets the requirements set forth in the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”): SuperLink LLC Attn: DMCA Notice 4.3 Feedback. We are free to use your Feedback without any restriction of any kind as long as we do not attribute you as the source. We appreciate any ideas, suggestions, documents, and/or proposals that you want to share with us through “Contact us,” or other similar pages on SuperLink, or through our social media pages (collectively, “Feedback”). By submitting your Feedback, you agree that it is provided on a non-confidential basis (unless otherwise agreed to or required by laws). Therefore, you hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance and improvement of SuperLink. 4.4 Referrals. We hope that you like SuperLink and tell your friends and communities about us. If you enjoy SuperLink, we encourage you to share your experience with us and your friends and communities (“Referral”). If you choose to use the features in SuperLink to let a friend know about SuperLink, we need you to provide your contact’s email address, social media profile, or other contact information, so that we may reach out and tell such individual about us. We may store this information for a limited period of time, but we will not display it publicly. You represent and warrant that you have all rights necessary, including any required consent, to submit the Feedback or provide your contact’s information to us in order to make the Referral.
SUMMARY: Your information is important to you. Let’s work together to keep it confidential, safe, and secure. 5.1 Privacy. The SuperLink Privacy Policy describes how we collect and use Personal Data about you through SuperLink, and is incorporated in the Agreement by this reference. We and our third party service providers may use your Personal Data to provide services to you, and on an aggregated or anonymized basis for other purposes, including to improve SuperLink and SuperLink Content during or after the term. If you interact directly with a User at another platform outside SuperLink, such interaction will be subject to their privacy policy in connection with such interactions. 5.2 SMS Text Message or other communications. In connection with your registration to chat or otherwise interact with other Users, you may sign up for receiving calls or text messages (SMS and MMS) from us or authorized third parties through registration, texting a designated shortcode, or scanning any QR code made available to you through SuperLink. BY SIGNING UP FOR INTERACTIVE MESSAGING, YOU AGREE AND CONSENT TO RECEIVING MESSAGES AT THE TELEPHONE NUMBER YOU PROVIDE DURING REGISTRATION, EVEN IF IT IS ON ANY DO-NOT-CONTACT LIST (INCLUDING ANY CORPORATE, STATE, OR FEDERAL DO-NOT-CONTACT LIST). You represent and warrant that you are over age 18 and the primary owner of the telephone number provided. You understand and acknowledge that such calls or text messages may be for telemarketing and advertising purposes relating to your use of or access to SuperLink (e.g., promotions, call-to-action from Creators or other Users, sweepstakes information, or special promotions from a SuperLink User) or operational purposes (e.g., registration, purchase, or delivery confirmations). You understand and acknowledge that such messages may be sent by us or our third-party service providers using an automatic telephone dialing system or other automated means (e.g., automated text and/or artificial and/or pre-recorded messaging), and that message and data rates may apply. Consent is not required to access or browse SuperLink, unless you choose to interact with other Users (including without limitation the “chat with me” function and staying up-to-date with other User’s call-to-action or other announcements via SuperLink). Message and data rates may apply. MESSAGE FREQUENCY VARIES AND MAY BE SENT AT ANY TIME OF DAY, INCLUDING ON WEEKENDS OR HOLIDAYS. Unsubscribe at any time by replying stop or clicking the unsubscribe link (where available). Text help for help. To the maximum extent permitted by laws: (i) all information contained in SMS text messages is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; and (ii) we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the receipt, use, failure of, or inability to use, SMS text messages. After opting out of receiving text messages, you can re-enroll in any text messaging program available through SuperLink by following the instructions for that program. By signing up, you agree to these terms relating to SMS, MMS, or push notifications, as well as SuperLink Privacy Policy, which are incorporated herein by reference and can be viewed at the links provided. 5.3 Security. While there is no such thing as 100% security, we endeavor to take reasonable steps to help ensure the safety of your Personal Data. However, the safety and security of your Personal Data also depends upon you. You agree to: (i) have in effect and maintain appropriate administrative, physical, and/or technical safeguards that are designed to prevent any unauthorized access, destruction, loss, disclosure, or compromise of Personal Data and (ii) comply with applicable laws and regulations, including data security and privacy laws, rules, and regulations. You must treat your username, password or any other piece of information utilized as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you. You agree not to provide any other person with access to SuperLink or portions of it using your username, password or other security information and further agree to not solicit, store, collect, or use SuperLink login credentials of other Users. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other Personal Data. We do not represent or warrant that Personal Data about you will be protected against loss, misuse, unauthorized access, or alteration by third parties. We reserve the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your Personal Data. We may also report to other organizations about improper or unlawful activities by our Users, and this reporting may include disclosure of Personal Data relating to those individuals conducting such improper or unlawful activities.
SUMMARY: We need your commitment that you only post Content that you have permission to share with the SuperLink community. Further, while we strive to deliver a great experience for all Users, there are the things that we have no control over and therefore cannot be responsible for. 6.1 Representations and Warranties by Creator. Creator represents and warrants that: (i) it is of legal and consenting age to enter into these Terms or has the permission of a lawful parent or guardian to enter into these Terms; (ii) it will perform its obligations hereunder in accordance with all applicable laws, rules, and regulations; (iii) other than elements provided by us, the Content shall be Creator’s own original work, created solely by Creator, and will not defame any third party or violate or infringe upon any third party rights, including, without limitation, intellectual property rights and rights of publicity and privacy, and any obligations of confidentiality; (iv) there will be no restraint or limitation upon our right to use the Content and the Content therein (including Creator’s Likeness) in accordance with these Terms; (v) Creator will not use any third party Content or proprietary materials (including logos, names, images, etc.) in the Content without first obtaining all necessary rights and licenses for use including our express written consent (as necessary); (vi) Creator will not disparage or denigrate us, our products or services, or its association with SuperLink; and (vii) other than elements provided by us, the Content shall comply with any brand guidelines, or usage restrictions provided by us. 6.2 Disclaimers: 6.2.1 General. SUPERLINK IS PROVIDED FOR ENTERTAINMENT, EDUCATIONAL, AND PROMOTIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERLINK IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS MEANS THAT WE MAKE NO WARRANTY OR PROMISES THAT SUPERLINK WILL MEET YOUR REQUIREMENTS, SUPERLINK WILL BE AVAILABLE AT ANY PARTICULAR TIME, TIMELY, UNINTERRUPTED, OR ERROR-FREE, ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY WILL BE CORRECTED OR VIRUS-FREE, ANY CONTENT OR INFORMATION FOUND ON SUPERLINK WILL BE ACCURATE, UP-TO-DATE, OR RELIABLE, SUPERLINK OR THE INFORMATION TRANSMITTED TO OR FROM SUPERLINK OR STORED ON SUPERLINK WILL BE SECURE FROM UNAUTHORIZED ACCESS, INFORMATION AND CONTENT THAT YOU STORE IN YOUR ACCOUNT OR ON SUPERLINK WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR THE QUALITY OF INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH SUPERLINK WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 6.2.2 No Legal, Medical, or other Professional Advice. We are not lawyers, doctors, provider of healthcare or telehealth services, psychologists or psychiatrists, or other licensed professionals, and do not provide any type of legal, medical, accounting, engineering, product design, or other advice. Nothing contained in SuperLink should be construed as such advice or diagnosis. The Content or information displayed on SuperLink should not be interpreted as a substitute for professional consultation, evaluation, or treatment, and the information made available on or through SuperLink should not be relied upon when making legal, engineering, product design, or other decisions, or to diagnose or treat a health condition or illness. NO ATTORNEY-CLIENT OR DOCTOR-PATIENT RELATIONSHIP IS FORMED BETWEEN THE PARTIES. ANY AND ALL SERVICES PROVIDED BY, IN AND/OR THROUGH SUPERLINK (INCLUDING BUT NOT LIMITED TO CONTENT) ARE FOR INFORMATIONAL PURPOSES ONLY. 6.2.3 No Reliance on Information Posted. The information presented on or through SuperLink is made available solely for general information purposes. We do not warrant, endorse, guarantee or assume responsibility for any products or services advertised or offered by a third-party through SuperLink and we will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services including, without limitation, Creators. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to SuperLink, or by anyone who may be informed of any of its contents. SuperLink may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 6.3 Success Stories Not Guaranteed. Success stories posted by Users or us on SuperLink may not represent typical or even accurate results obtained from any particular techniques, know-how, or tips. While we enable and encourage Users to communicate with one another, we are not responsible for monitoring such information and communications. Additionally, we cannot and do not represent or warrant that any Users of SuperLink are licensed, qualified, insured or capable of performing any product or services, and we make no representations or warranties about the expertise, professional qualifications, or quality of work of any vendor, or the suitability, reliability or accuracy of the products and services they provide.
SUMMARY: We need to manage our risks. If you suffer any losses as a result of your use of SuperLink, our payment to you is limited to the amount that we have earned during the last 12-month of your use of SuperLink. 7.1 DISCLAIMER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS AND LICENSORS (“SUPERLINK PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT OR USE OF SUPERLINK, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, INCOME OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF GOODWILL OR REPUTATION, BREACH OF DATA OR SYSTEM SECURITY, PERSONAL OR BODILY INJURY, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (1) THE USE OR INABILITY TO USE SUPERLINK OR CONTENT; (2) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES, (3) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, MESSAGES, AND/OR PERSONAL DATA, OR (4) ANY OTHER MATTER RELATED TO THIS AGREEMENT OR SUPERLINK, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.2 CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAWS, THE SUPERLINK PARTIES’ LIABILITY TO A USER IN THE AGGREGATE SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100 USD) OR THE AMOUNT WE HAVE EARNED FROM SUCH USER THROUGH ITS USE OF SUPERLINK IN THE TWELVE MONTHS LEADING UP TO THE DATE THE CLAIM AROSE. 7.3 Release. You agree to release the SuperLink Parties from any and all liability and obligations whatsoever in connection with or arising from your use of SuperLink. If at any time you are not satisfied with SuperLink or object to any Content or other materialS within or on SuperLink, your sole and exclusive remedy is to immediately stop using and otherwise accessing SuperLink. 7.4 Limitation period. Any claim related to THIS AGREEMENT or SUPERLINK may not be brought unless made within the one-year period beginning on the date when the claim first could be filed. If it is not filed within such time, then that claim is permanently barred. 7.5 EXCEPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR LIMITATIONs OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWS.
SUMMARY: If we get sued because of your use of SuperLink, your Content, or Your conduct in interacting with other Users, you are responsible for paying for it. 8.1 Indemnity from Creators. Creator will defend, indemnify and hold harmless the SuperLink Parties from and against any and all costs, liabilities, demands, claims, suits, actions, damages, losses, judgments and expenses, including without limitation, attorneys’ fees (collectively, “Damages”) arising out of or related to: (a) any breach or alleged breach of Creator’s obligations, warranties, representations, or responsibilities under these Terms of Service; (b) Creator’s Content or its use of SuperLink; (c) Creator’s development, production, distribution, operation, or exploitation of the Content, including but not limited to, Creator’s failure to comply with applicable consent or disclosure requirements under applicable laws, such as the FTC Endorsement Guidelines, (d) Creator’s negligence, gross negligence, willful misconduct, or fraud, or (e) any unauthorized use, disclosure, or infringement of any person’s or entity’s privacy, intellectual property or proprietary rights. We may, at our election, assume the defense, settlement or other resolution of such claim with counsel of our own choosing, at Creator’s cost and expense. This defense and indemnification obligation will survive Your use of SuperLink and any termination of this Agreement. 8.2 Indemnity From other Users. You agree to indemnify and hold the SuperLink Parties harmless from and against any and all Damages arising from or in connection with: (i) the use or inability to use SuperLink or any Content; (ii) your breach or violation of the Agreement or any other guidelines or agreements referenced in the Agreement, (iii) any information or Content you provide to SuperLink (including any information your provide to us as part of a contact form, Feedback, or User Content) or in connection with your use of SuperLink; (iv) your violation of any rights of any third party, including privacy and intellectual property rights; (v) your negligence, gross negligence, willful misconduct, or fraud, or (vi) your participation in any community events sponsored by us, including your use of any equipment or facilities. The defense and indemnification obligations will survive your use of SuperLink and any termination of the Privacy Policy or this Agreement. 8.3 Release by California Residents. If you are a California resident or could otherwise claim the protections of California laws, you further expressly waive the provisions of section 1542 of the California civil code, which reads as follows: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor.” You acknowledge that you have read and understand section 1542 of the California civil code, and you hereby expressly waive and relinquish all rights and benefits under that section and any laws of any jurisdiction of similar effect with respect to your release of any claims you may have against us or SuperLink.
SUMMARY: If you have any concerns, we encourage you to bring them up to us. Any disputes you have with SuperLink will be resolved through binding arbitration in your individual capacity in New York, under the New York laws. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE BOTH PARTIES TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. 9.1 Governing Law. The laws of the State of New York will govern this Agreement, without giving effect to any principles of conflicts of laws. To the extent the Parties are permitted under this Agreement to initiate litigation in a court, you agree that any action arising out of this Agreement or your use of SuperLink shall be brought in state or federal court in the New York County; New York, USA and you consent to the jurisdiction of such courts. 9.2 Mandatory Pre-Arbitration Notice. For any dispute you have with any SuperLink Parties, you agree to first contact us and make a good faith attempt to resolve the dispute with us informally. Therefore, if you intend to initiate arbitration, you must first send SuperLink a written Notice of Dispute (“Notice”). A Notice from you to us must be emailed to help@superlink.io (the “Notice Address”). Any Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the services, including whether you have created an Account; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any; and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. After receipt of a completed Notice, the Parties shall engage in a good faith effort to resolve the dispute for a period of 60 days. If the Parties cannot reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received, a Party may commence an arbitration proceeding. Compliance with this Mandatory Pre-Arbitration Notice section is a condition precedent to initiating arbitration. 9.3 Arbitration Process. Unless resolved by mutual efforts of both Parties, any disputes or claims that may arise out of or in connection with this Agreement and for which either Party shall seek equitable relief, all differences, disputes or claims arising in connection with this Agreement or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association (“AAA”) in New York county, New York by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. The Parties together understand and agree that the decision in such arbitration shall be final and binding on both Parties, that the prevailing Party shall be entitled to recover its costs and reasonable attorney’s fees, and that a judgment upon any award rendered may be entered in any court having jurisdiction. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Either Party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. The Parties waive, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in a court or arbitration setting within or outside the United States of America and (ii) any claim that any action or proceeding brought in any such court or arbitration has been brought in an inconvenient forum. 9.4 CLASS ACTION AND JURY TRIAL WAIVER. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THIS MEANS THAT YOU AND COMPANY MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, YOU AND COMPANY MAY PARTICIPATE IN A CLASS-WIDE SETTLEMENT. You may opt out of binding arbitration and this class action and jury trial waiver by notifying us in writing within 30 days of signing this Agreement unless a longer period is required by laws. Your written notification must be mailed, emailed, or delivered to us at the address or email address listed in Section 13.11 (Contact Us) within 30 days after you have signed or accepted this Agreement and must include your name, your address, and a clear statement that you do not wish to resolve disputes through arbitration.
SUMMARY: We do not have control over websites, services, or contents provided by a third party. As an accommodation to you and our other visitors, SuperLink may contain links to third party site, services, advertisers, websites, special offers or other events or activities (collectively, “Third-Party Services”) that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services, nor do we endorse such Third-Party Services. If you access or use Third-Party Services in the course of using SuperLink (including video conferencing or payment processing), you do so at your own risk, and you understand that this Agreement and SuperLink Privacy Policy do not apply to your use of such Third-Party Services. You should review these Third-Party Services’ terms and policies, including privacy and data protection practices before you access or use any Third-Party Services. You expressly relieve the SuperLink Parties from any and all liability arising from your use of any Third-Party Services or third party-owned content. We do not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via SuperLink (“Third-Party Content”). Any Third-Party Content placed on SuperLink is the view and responsibility of those who post those comments, opinions, or statements, and does not necessarily represent our views.
SUMMARY: Here’s what we have to do if we part ways or if we have to modify, suspend, or terminate your access. 11.1 Suspension. You acknowledge and agree that we may, under certain circumstances, immediately suspend your access to SuperLink or any part thereof, including, without limitation, for the following reasons: (a) your breach or violation of this Agreement or other terms or guidelines referenced in this Agreement; (b) our discontinuance or modification to SuperLink; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) your engagement in fraudulent, illegal, or discriminatory activities. You further agree that any such actions may be taken without notice to you, in our sole discretion, and without liability to you or any third party. 11.2 Term and Termination. This Agreement is effective unless and until terminated by us or you. We may, in our sole discretion, terminate your use of SuperLink or any part thereof, if you fail to comply with any term of provision of this Agreement. You may terminate this Agreement at any time by discontinuing all use of SuperLink. We may also terminate your access to all or part of SuperLink, without notice, for any conduct that we, in our sole discretion, believe is disruptive to SuperLink (or other Users) or is in violation of any applicable laws or this Agreement. We may not provide you with any notice beforehand when we take any of these actions. We shall in no way be held liable for any consequence which results from any decision to modify or discontinue providing SuperLink. To the extent we terminate your access to SuperLink due to your breach of this Agreement, a User will receive payment due subject to Section 3.5 (Compliance with Laws). Termination or cancellation of this Agreement shall not affect any right or relief to which either Party may be entitled at law or in equity. Upon termination, you must terminate all use of SuperLink and destroy all materials, including any SuperLink Content and all copies thereof.
SUMMARY: SuperLink is constantly evolving. With the launch of new products and features, we need the flexibility to make changes, update this Agreement, impose limits, and occasionally alter certain aspects of SuperLink. We reserve the right to modify this Agreement at any time, effective upon posting. You can tell when changes have been made to this Agreement by referring to the “Last Updated” legend on top of this page. We will provide you with advance notice of a major change. For example, we may: (i) require that you reaccept the updated version of this Agreement; (ii) send you an electronic notification advising of the update to this Agreement; or (iii) include a notice on SuperLink. We do not ordinarily provide advance notice of a minor change. We encourage you to check this Agreement every time you visit SuperLink. Your continued use of or access to SuperLink, and/or utilization of any SuperLink Content after this Agreement have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of this Agreement.
SUMMARY: There’s a few more things we need to say before you can use SuperLink. 13.1 Consent To Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither Party will prevent or inhibit in any way the other Party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other Party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable laws relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically. 13.2 Access from Outside of the United States. SuperLink and SuperLink Content is hosted in the United States and is governed by the laws of the United States. Our products and services, and other SuperLink Content on SuperLink, are only directed at those located within the United States. If you are using SuperLink from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using SuperLink in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America. 13.3 Assignment. You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder without our prior, written consent. Any assignment in violation of this Section is null and void. 13.4 Notice. We may provide any notice to you under this Agreement by sending a message to the email address you provide, or by posting to SuperLink. Notices we provide by posting will be effective upon posting. To give us notice under this Agreement, you must use the "Contact Us" information provided at the end of this Agreement to deliver notice via email or personal delivery, overnight courier, or registered or certified mail. We may update the email address or mailing address for notices to us by posting a notice on SuperLink. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. 13.5 Entire Agreement/Severability. This Agreement, together with the Privacy Policy, Content Guidelines, and any referenced policies (which we may amend from time to time), including any amendments and any additional agreement you may enter into with SuperLink in connection with SuperLink, shall constitute the entire agreement between the Parties concerning SuperLink and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between the Parties with respect to such subject matter. If any portion of this Agreement is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. 13.6 Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, pandemic, epidemic, health crisis declared by government authorities, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, denial of service attack, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities. 13.7 No Waiver. No waiver of any term in this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. 13.8 Export Controls. Export laws and regulations of the United States and other applicable jurisdictions may prohibit us from conducting business with certain Creators. Additionally, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”) has implemented many economic or financial sanctions programs that could prevent us from sending funds or information to Creators in certain countries. A list of active OFAC sanction programs is available at . You represent, warrant, and covenant that you are not: (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any of the U.S. government lists of restricted end users. Your use of SuperLink constitutes your acknowledgement of OFAC sanctions programs and agreement that you, as a Creator, will either forego using SuperLink or obtain (and provide us with proof of) an exemption using the appropriate channels if any OFAC sanctions programs impact your use of SuperLink. You represent and warrant that your use of SuperLink will not violate any regulations administered and enforced by any OFAC sanctions program, and you shall not permit any Users to access or use SuperLink in violation of applicable export control regulations. 13.9 Section Headings. The section headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they pertain. 13.10 Survival of Certain Provisions. Those provisions outlined here that normally would survive after you cease using SuperLink and SuperLink Content and all provision indicating an ongoing obligation, which include but are not limited to Sections 3 (Acceptable Conduct), 4 (Your Content, Feedback, and Referral), 6 (Warranties and Disclaimers); 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Laws; Dispute Resolution), 11 (Suspension and Termination), and 13 (Miscellaneous; General Information), shall survive any termination or expiration of this Agreement, but shall not imply or create any continued right to use SuperLink after the termination of this Agreement. 13.11 Contact Us. All feedback, comments, requests for technical support and other communications relating to SuperLink should be directed to: SuperLink LLC Attn: Comments/Legal Notices 9800 Wilshire Boulevard, Suite 206 Beverly Hills, CA 90212
Last updated on September 1, 2024 This Service Addendum (“Addendum”) forms a part of the Terms of Service between SuperLink and Users and governs Users’ access to and use of certain features of SuperLink. Capitalized terms not defined below will have the same meaning as provided in the underlying Terms of Service. Consistent with Section 12 (Updates), we reserve the right to modify these Terms applicable to Creators and Fans at any time and any such changes will be effective on posting. Your continued use of or access to SuperLink after these terms have been updated (and after notice for a major change) indicates your agreement and acceptance of the updated version of these terms. YOU ACKNOWLEDGE AND AGREE THAT CERTAIN FEATURES OF SUPERLINK (INCLUDING THOSE PROVIDED THROUGH THIRD-PARTY SERVICES) ARE NOT AVAILABLE WITHOUT INTERNET, WI-FI, OR CELLULAR DATA NETWORK CONNECTIVITY. It is your sole responsibility to ensure that your devices are properly configured and connected to the internet. You acknowledge and agree that we do not have control over the internet service providers which may be necessary for providing certain features of SuperLink (including those delivered through Third-Party Services) and that such failure shall not be deemed to be our responsibility. Your Account and Contents. To become a Creator on SuperLink, you must (i) be 18 years of age or older, and (ii) meet other eligibility requirements as determined in our sole discretion. We may direct you to provide information to one or more third-party provider(s) for verification of your age, identity, and/or other eligibilities prior, during, and after your Account registration. Currently, a Creator can register a SuperLink User ID and/or Account at no charge, and cancel at any time. You can also interact with your Fans through Direct Messaging and/or other exclusive Contents. For purposes of this “Creator Terms” section, “you” or “your” refers to the Creator(s). Your Account as a Creator starts upon your acceptance of this Agreement at the time of registration. If you cancel or delete the Account, you may do so on your “My Account” page. However, if you delete your Account, you cannot reactivate it or retrieve any Contents or information that you have added to your portal on SuperLink. Therefore, if you choose to take a break, we recommend that you simply stop posting your Contents, instead of deleting your Account. Interacting with Your Fans and Revenue Programs We provide an interactive tool to enable you to manage and share your Contents across different social media platforms through one simple link, and enable your Fans to pay for direct interactions with you, including Direct Messages, Video Appointments, Locked Contents, or other exclusive Contents (“Fan Payments”). (i) Interact with Your Fans. On SuperLink, you can provide your Fans something exciting that gives them unique benefits, like exclusive engagement, early access to Content, merchandises, and engaging experience. In return, you will receive loyal support from your Fans and recurring revenue from prepaid Direct Messages, Video Appointments, Locked Content, and other opportunities provided under our Revenue Programs (as outlined below). You shall not permit or authorize your agents to impersonate you, use your likeness, name, or voice to deceive or manipulate other Users, or otherwise interact with your Fans for monetization purposes. You agree that we reserve the right to investigate, prevent or take other actions regarding suspected impersonation or other violation of SuperLink’s community guideline. (ii) Revenue Programs. We offer various revenue program(s) (“Revenue Programs”) so that you are rewarded for your creativity, including Direct Messaging, Video Appointments, exclusive Content, product promotions, and other interactions with your Fans. Further, as a condition for participation in the Revenue Programs and receiving payment as a Creator, you shall (i) comply with applicable laws (including tax regulations) and the “Acceptable Conduct” section above; and (ii) not authorize, enable, or permit any third parties (including your representatives) or the use of AI-generated impersonations of your name, likeness, or voice to interact with Fans. 1. Direct Messaging. Your Fans may purchase the rights to connect with you via direct messages or other dynamic interactions via SuperLink (“Direct Messages” or “Direct Messaging”). You may set approved fees for your Fans to receive guaranteed response time or other levels of interactions (e.g., no charge if a Fan does not get a response from you within certain hours you have committed in writing). The minimum price for each Direct Message will be determined by us. You may request adjustments to the minimum price of your Direct Messages, and we may choose to accept or reject these requests in our sole discretion. Your Fans will see the pricing details and the applicable guaranteed response time after they click “Chat With Me” (or other similar buttons), but before they make the Fan Payment(s). Unless otherwise agreed, you will receive payment only if you have fulfilled the required levels of interactions or met the guaranteed response time. 2. Video Appointment(s). Your Fans may book 1-on-1 virtual meeting(s) with you (“Video Appointment”), which are hosted by Third-Party Services for video conferencing. When you host the Video Appointments, you will be directed to a third-party website and your interactions with Fans through Video Appointments are subject to such Third-Party Services’ terms. We currently use Zoom Video Communications, Inc. (“Zoom”) to deliver Video Appointment features subject to Zoom’s and . How do I enroll: Through the Video Appointment features on your Account profile, you may set fees for your Fan(s) to schedule 1-on-1 Video Appointments with you. Each Video Appointment is 30-minute in duration by default (unless you choose to offer alternative length of time). The minimum price for each Video Appointment will be determined by us. You may request adjustments to the minimum price of each Video Appointment, and we may choose to accept or reject these requests in our sole discretion. Your Fans will see the pricing details and the specific duration of Video Appointment (set at your discretion) after they click “Book a Call with Me” (or other similar buttons), but before they make the Fan Payment(s) for the booking. You are solely responsible for managing your calendar to fulfill your commitment to meet with your Fans subject to the requirements under Section 3 (Acceptable Conduct) and/or SuperLink’s community guidelines. How do I get Paid: For this particular Revenue Program, we will deduct the SuperLink Fees equal to 30% of the Fan Payment (exclusive of any Tax element) for booking the Video Appointment with the applicable Creator. We will pay you the Creator Fees that equal to the remaining 70% of the Fan Payment (exclusive of any Tax element) contingent upon your compliance with the Creator attendance requirements outlined below and other terms of this Agreement. What are the Rules: You are solely responsible for managing your calendar on SuperLink to display accurate availability for Video Appointments. You will not receive your Creator Fees if you, the Creator, fail to attend the Video Appointment or are more than 5 minutes late for the scheduled meeting (“No-Show”). The Creator attendance requirements do not apply if a Video Appointment is cancelled due to your Fan’s No-Show or as determined in our sole discretion, or where your Fan(s) violate terms of this Agreement, including Section 3.1 (Prohibited Conduct). We reserve the right to suspend your rights to participate in this Revenue Program for Video Appointments if we receive recurring complaints from Fans that you are late, fail to attend the Video Appointments (other than solely due to Third-Party Services’ technical issues), or otherwise in violation of Section 3 (Acceptable Conduct) and/or SuperLink’s community guidelines. When to Let us Know: During any Video Appointment, if you come across behaviors or activities that violate the terms of this Agreement, please let us know immediately so that we can investigate any possible violations and at our discretion, address these potential violations and prohibited use of SuperLink. 3. Locked Content. You may generate and send message blasts with pre-populated Content that is behind a paywall (each a “Locked Content”) to your Fans who maintain an Account and have subscribed to receive messages from you. You may set approved fees payable by your Fans in exchange for their access to the Locked Content. The minimum price for Locked Content will be determined by us in our sole discretion. However, you may set approved fees for Locked Content so long as such price is higher than the minimum price set by us. You may request adjustments to the minimum price for certain Locked Content, and we may choose to accept or reject these requests in our sole discretion. Payment. We facilitate the processes so that you are rewarded for your creative Content available to your Fans. Interact with Your Fans. On SuperLink, you can provide your Fans something exciting that gives them unique benefits, like exclusive engagement, early or exclusive access to your Contents, merchandise, and engaging experiences. In turn, you will receive loyal support from your Fans, prepaid Direct Messages subject to certain guaranteed response time or level of interactions, and other revenue (where applicable). Your Fees. On SuperLink, Creators usually receive 80% of all Fan Payments (exclusive of any Tax element) for Direct Messages, Locked Content, and any other paid Content through the Revenue Programs (“Creator Fees”) unless otherwise specified when you enroll in the applicable Revenue Program. SuperLink will pay Creators the applicable Creator Fees approximately 30 days after the end of the applicable calendar month or as other payment schedule according to the plan(s) made available to certain Creators by SuperLink. We keep the other 20% of every Fan Payments on SuperLink (the “SuperLink Fee”) unless otherwise specified when you enroll in the applicable Revenue Program. The SuperLink Fee does not include any taxes, including, but not limited to income taxes on a Creator’s earnings, which is the sole responsibility of each Creator. For more information, see “Tax” in the Subsection below. Depending on your Fans’ locations, some banks may charge your Fans a foreign transaction fees for their Direct Messages and/or other interactions with Creator(s). SuperLink does not control this charge, but it is typically around 3.0%. Please contact your bank for more information regarding the applicable foreign transaction fees. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to withhold and/or deduct payment of your Creator Fees from your Account or recover the Creator Fees previously paid to you, if during the applicable month when your Account and/or your participation in one or more Revenue Program(s) generate Creator Fees, you engage in the following activities: (i) allow or enable a third party (including your representatives) to impersonate you, or use AI tools to duplicate or impersonate your likeness, name, or voice, for purposes of interacting with your Fans; or (ii) otherwise breach this Terms of Service, other applicable policies or guidelines applicable to SuperLink, or violate applicable laws (including tax reporting obligations). How We Manage and Process Payments. We also handle payment processing issues such as fraud, chargebacks and resolution of payment disputes. We try to provide you timely access to your Creator Fees as described above, but you may occasionally experience delays in receiving or accessing your Creator Fees. We may also block or hold payments of Creator Fees, in our sole discretion, for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments of Creator Fees are delayed or blocked, we try to communicate the reason to you promptly. If you have questions about a payment that has been blocked, please contact us at . To protect Creators, we may block Fans’ payments if we believe them to be fraudulent. Sometimes activities like refunds can put your Account’s balance into the negative. If your balance becomes negative, then we reserve the right to recover those funds from future payments. If we have received notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on your Creator Fees, we undertake no duty to pay Creator Fees to third-party lienholders and may withhold payment of Creator Fees until the lien has been removed. Tax: We collect tax identification information, W-9s (and other similar documentation), and report them to applicable tax authorities as legally required. You are required to complete any tax documentation we request and report and pay any applicable taxes in connection with any revenue you may earn from your participation in any Revenue Program(s) as required by applicable law. All international, federal, state or other tax liabilities (including income taxes) arising from your use of SuperLink will be your sole responsibility unless otherwise explicitly noted by us. You agree that we may deduct and withhold from any earned fees any sums, including all tax obligations, required to be withheld and/or paid by us to any governmental authority pursuant to any laws, statutes, ordinances, rules, judgments, or decrees now or hereafter in effect. We have the right to withhold taxes deemed appropriate in our sole discretion or if required, including, but not limited to, making double withholdings for the United States, and Creator’s country of residence. Your obligations under this “Tax” subsection shall survive the expiration or termination of this Agreement. Promotions A Creator may use SuperLink to promote products, host contests, or organize sweepstakes (collectively, “Promotion”). You are solely responsible for ensuring that each Promotion complies with all applicable laws. This includes setting up the official rules, terms, and eligibility requirements, and complying with marketing and carrier regulations. Some laws in certain jurisdictions require that promotions may only be offered by a registered a 501(c)(3) charity. Because legal requirements for Promotions can vary by location, you need to engage your own lawyer or other professional advisor to ensure you will not violate any applicable laws. We are not responsible or liable to you in any way if you use SuperLink as part of your Promotion. Your Promotion’s official rules should expressly state that each entrant or participant completely releases SuperLink from liability for all claims or disputes based on, related to, or arising from the Promotion. You must make clear through the presentation of your Promotion that your Promotion is in no way sponsored or endorsed by SuperLink. You understand and agree that all Content added to your “Creator” Account, including the Promotion, shall comply with Section 3 (Acceptable Conduct) and other terms of this Agreement and is subject to our prior review and approval and cannot be deleted or materially modified without our prior written consent which may be withheld or granted at our sole discretion. Exclusive Content and Direct Messaging (i) General As a Fan, you may follow Creators, send Direct Messages, or book Video Appointments (as defined in the “Creator Terms” above) to interact with Creators you follow, or pay to access certain exclusive Locked Content made available by the Creators you support. For purposes of this “Fan Terms” section, “you” or “your” refers to the Fan(s). BY FOLLOWING A CREATOR, YOU WARRANTY THAT YOU ARE AT LEAST 18+ YEARS OLD AND CAN BE LEGALLY BOUND BY CONTRACT IN THE JURISDICTION WHERE YOU LIVE AND YOU WILL PROVIDE ANY ADDITIONAL AGE OR IDENTITY VERIFICATION, OR SUCH OTHER INFORMATION AS MAY BE REQUIRED, TO US UPON REQUEST AT ANY TIME. FURTHER, YOU AGREE, ACKNOWLEDGE AND CONSENT THAT YOU MAY RECEIVE MESSAGES OR OTHER COMMUNICATIONS, INCLUDING SMS, MMS AND PUSH NOTIFICATIONS FROM SUCH CREATOR AS FURTHER ELABORATED IN SUBSECTION (C) BELOW. You may opt-out by following steps outlined in Section 8 (Your Control over Receiving Communications) of our Privacy Policy, or in accordance with Section 5.2 (SMS Text Message or other communications) above. Each Creator may set his or her own rate for Direct Messages, Video Appointments, Locked Content, or other offerings through its Revenue Program exclusive to its Fans. A Creator may also reserve the right to adjust their pricing at any time subject to certain minimum price set by us (where applicable). Some fees are charged on a pre-paid basis with no refunds. We strive to create an authentic and interactive experience for Users on SuperLink. Therefore, we do not condone or permit Creators to share Account login information with third-parties (including their representatives), or otherwise permit their agents to impersonate such Creators or use their likeness, name or voice for interacting with Fans or other monetization purposes. As we are not in control of when and how each Creator logs into its Account, certain messages or Contents sent to Fans may have been generated by their representatives, rather than the actual Creator. These actions violate our Creator Terms and Terms of Service. If you come across any actual or suspected impersonation of any individual or legal entity, please let us know immediately so that we can investigate any possible violations of Creator Terms and take any available action in response to these violations and prohibited use of SuperLink. (ii) Paid Content Direct Messaging. You may purchase Direct Messages in exchange for receiving guaranteed response time or levels of interactions with Creator(s), to the extent such Creator has committed to certain level of interactions in the pricing details at the time of your purchase. You will be charged for the applicable price for Direct Messages after your Creator has fulfilled the required levels of interactions or met the guaranteed response time stated at the time of your purchase, unless otherwise provided in the pricing details. You will see the pricing details after you click “Chat With Me”. Also, within your Account as a Fan, you may view your billing history. Video Appointment(s). You may book 1-on-1 Video Appointment(s) with the Creator(s) you follow, which are hosted by Third-Party Services for video conferencing. To attend the Video Appointments, you will be directed to a third-party portal and your interactions with the other User(s) will be subject to such Third-Party Services’ privacy policy and terms of use. As a result of such Third-Party Services’ policies, we do not access or store any recordings of these Video Appointments, other than the booking records to process Fan Payments and facilitate payments of Creator Fees. How do I Book an Appointment: Through the Video Appointment features on a Creator’s Account profile, a Fan may book 1-on-1 Video Appointment(s) at the price offered by the Creator hosting the interactive session(s). Each Video Appointment is 30-minute in duration by default (unless your Creator(s) choose to offer alternative length of time). You will see the pricing details and the specific duration of Video Appointment after you click “Book a Call with Me” (or other similar buttons), but before you make the payment(s) for the booking. All bookings for Video Appointments are final and the fees you pay for the bookings are non-refundable unless your Creator fails to attend the Video Appointment or is more than 5 minutes late for the scheduled meeting (“No-Show”) or there is a material technical issues caused solely by Third-Party Services (“Technical Issues”). In order to receive a full or partial refund due to No-Show by your Creators or Technical Issues, you may notify us in writing at hello@superlink.io within 3 business days following the schedule Video Appointment with relevant information to substantiate your concerns. What are the Rules: You are responsible for managing your schedule and timely attending your Video Appointment(s) with the Creator. If there is a “No-Show” by a Fan, the Creator hosting the Video Appointment has the right to end the session after waiting on the video conferencing portal for more than 5 minutes and the fees paid for booking this session are non-refundable. When to Let us Know: During any Video Appointment, if you come across behaviors or activities that violate the terms of this Agreement, please let us know immediately so that we can investigate any possible violations and at our discretion, we will take any available action in response to these violations and prohibited use of SuperLink. Locked Content. Creators that you follow may generate and send you messages with Locked Content (as defined in Section 14.1 above). To access the Locked Content, you agree to pay a pre-populated price included in the Locked Content messages. You may lose access to Content if your payment method fails, the Creator you follow blocks you, or when the Creator deletes his or her Account. We are not required to allow you to be a Fan of any particular Creator. Payment Processing 1. Fees and Pricing. As a Fan, you may voluntarily pay for the opportunity to access certain Content or interact with a Creator that you follow. As a Fan, you agree to pay such amounts in effect at the time you make the purchase, including any applicable surcharges, service, transaction, or processing fees, including surcharges and/or associated fees with our third-party payment processor (“Payment Processor”) . You may be presented with additional terms before you confirm a transaction on SuperLink. 2. Payment Methods. You must provide one or more Payment Methods to make purchases through SuperLink. A “Payment Method” means a current, valid, accepted method of payment including, without limitation, a valid debit or credit card or bank account, as may be updated by You from time to time. You are solely responsible for keeping payment methods current, accurate, and updated at all times. When you provide your Payment Methods, you agree that you are permitted to use that payment credential and authorize us (and Payment Processor) to charge the full amount to the payment credential(s) you designate for the transaction. TO THE EXTENT PERMITTED BY LAWS, ANY AND ALL PAYMENTS MADE ON SUPERLINK ARE FINAL, NON-CANCELABLE, AND NON-REFUNDABLE. 3. Surcharges. We impose a surcharge of 5% on all credit cards. 4. Payment Processor. You understand, acknowledge, and agree that the use of a Payment Processor is integral to the services and/or Content provided through SuperLink. The Payment Processor manages the routing and processing of all required information from Fans to process donations, payments, and/or other financial information. We are not affiliated with the Payment Processor and neither we nor the Payment Processor is an agent or employee of the other. In making a payment, you may be redirected to an external website operated by a Payment Processor and the processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Payment Terms and other incorporated agreements. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any Payment Processor or its website or (ii) control any Payment Processor’s collection or use of your Personal Data (as defined in SuperLink Privacy Policy). You agree that any Personal Data provided by you or automatically collected from you by a Payment Processor will be governed by that Payment Processor’s privacy policy and terms of use. You acknowledge and agree that we shall not be liable to you for any claims arising out of any act or omission on the part of the Payment Processor including, but not limited to, any lost, stolen, or incorrectly processed payments. We expressly disclaim any responsibility and liability for all services provided by a Payment Processor. If a transaction results in an overdraft fee from your card issuer due to you going over your credit limit or having insufficient funds in your Account, your card issuer may charge you a fee and you alone are responsible for that fee. We currently use Stripe, Inc. (“Stripe”) as our Payment Processor. You can access Stripe’s Terms of Service at: . If you enter into a transaction with a Creator and have a dispute over the Content or services you purchased or, if applicable, any donation you make, we disclaim, and you release us from any liability arising from the transaction or for how the Creator used your payments and/or donations. Our only responsibility is to handle your payment transaction(s) through our Payment Processor. If you believe that an unauthorized or otherwise problematic transaction has taken place under your Account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or relating to the transaction. 5. Disclaimers; All Payments are Final. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PAYMENTS ARE FINAL AND ARE NON-REFUNDABLE AND NON-TRANSFERRABLE. WE RESERVE THE RIGHT, AT ANY TIME AND FOR ANY REASON, TO PROVIDE A REFUND IN OUR SOLE DISCRETION. THE AMOUNT AND FORM OF SUCH REFUNDS, AND THE DECISION TO PROVIDE THEM, ARE AT OUR SOLE AND ABSOLUTE DISCRETION AND DOES NOT OBLIGATE US TO PROVIDE SUCH REFUNDS IN THE FUTURE UNDER ANY CIRCUMSTANCE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, UP-TO-DATE INFORMATION REGARDING YOUR PAYMENT METHODS. TO THE EXTENT YOU ARE ABLE TO STORE YOUR PAYMENT METHODS ON SUPERLINK (“STORED PAYMENT METHODS”), YOU HEREBY CONSENT TO THE STORAGE OF THE STORED PAYMENT METHODS BY US OR OUR PAYMENT PROCESSOR FOR FUTURE USE AND ACKNOWLEDGE AND AGREE THAT THAT ANY STORED PAYMENT METHODS MAY BE USED BY US OR OUR PAYMENT PROCESSOR TO PROCESS PAYMENT FOR CONTENT PURCHASES OR OTHER TRANSACTIONS YOU VOLUNTARILY MAKE THROUGH YOUR ACCOUNT ON SUPERLINK. 6. General Provisions. (a) At Will Use. We may revoke your eligibility to make payments via SuperLink at any time at our sole discretion. (b) Inquiries. By using payment features through SuperLink, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity. (c) Right to Cancel. We may cancel any transaction in our sole discretion if we believe the transaction violates this Agreement, or if we believe doing so may prevent financial loss. (d) Right to Restrictions or Disclosure. To prevent financial loss to you or us, we may (i) place a delay on a payment for a period of time, or limit Payment Methods for a transaction, or limit your ability to make a payment; and/or (ii) contact your payment instrument issuer, law enforcement, or affected third parties (including other Users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law and/or our policies. (e) Duty to Notify. If you believe that an unauthorized or otherwise problematic transaction has taken place, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within fifteen (15) days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction. (f) No Liability. If you enter into a transaction with a Creator or other third party and have a dispute over the goods or services you purchased, you agree that we have no liability. We may intervene in such a dispute, but we have no obligation to do so. Receiving Creator Messages In addition to Section 5.2 (SMS Text Message or other communications), by registering your phone number with SuperLink, you are agreeing to the following terms: By following a Creator, you agree, acknowledge and consent that you may receive messages or other communications, including SMS, MMS and push notifications from such Creator. We may send you messages related to your Account at the phone number that you provided to us, EVEN IF IT IS ON ANY DO-NOT-CONTACT LIST (INCLUDING ANY CORPORATE, STATE, OR FEDERAL DO-NOT-CONTACT LIST). We may share your Account information (such as, Account ID and to the extent you choose to upload, the photo you upload to associate with your Account) with other SuperLink Users that you agree to message with, instead of asking you for the same information again. Each User alone (and not SuperLink) is responsible for determining whether to receive messages via their SuperLink Account and/or to the phone number he or she provides at the time of registration for the message from a Creator. THESE MESSAGES MAY BE FULLY OR PARTIALLY AUTOMATED AND MAY BE SENT AT ANY TIME OF DAY, INCLUDING ON WEEKENDS OR HOLIDAYS. You are responsible for any messaging and data charges that may incur when messaging through SuperLink (message and data rates may apply). Your consent to receive messages is not a condition of any purchase. SuperLink Users may block you from messaging with them via SuperLink at any time, for any reason, without notice. SuperLink Users may not see your messages to their SuperLink number(s) unless you register an Account. SuperLink may filter messages from reaching a User for various reasons, including reasons based on a User’s settings of its SuperLink Account and whether such messages violate use restrictions set forth in this Agreement. Some messages may not be delivered (e.g., if there is an outage on SuperLink or if a carrier blocks content). Messages sent via SuperLink may contain links to third-party websites or apps, which may be subject to different terms and conditions and privacy practices. For details, please refer to Section 10 (Third Party Services, Sites & Content) of this Agreement. You will use only your own phone number or Account when messaging through SuperLink. If we discover that you did not use your own phone number or Account, we may suspend or terminate your Account access at any time. If you change or deactivate the phone number or Account you used when signing up to receive messages from a SuperLink, you will email us at within 72 hours to update or remove your information.