We at Linkury, Inc. and its wholly owned subsidiaries (“Linkury”) are committed to providing web sites and software products that respect the privacy of its visitors and users respectively. This page summarizes the privacy policy and practices for all Linkury Web Sites, as well as for the Linkury software products.

The Linkury privacy policy is designed to allow the users of its web sites and software applications (the “Linkury Products”) with information allowing them to make informed choices with respect to their use of the Linkury Products and their provision of personal information.

Your use of Linkury, and any disputes arising from it, is subject to this Privacy Policy as well as the Terms of Use of particular Linkury Products and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. Linkury reserves the right to change our Privacy Policy and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. We encourage you to regularly review the Linkury Product web sites to familiarize yourself with changes which may occur from time-to-time. If we make changes, we will post them and will indicate at the top of this page the policy’s new effective date. In case a material change is made to this Privacy Policy, a prominent notice will be displayed via the installed toolbar. Once you confirm you’ve read the new Privacy Policy and accept it, the notice on the toolbar will disappear.

Linkury is working in cooperation with third party companies, these companies will present you with different information in form of ads, shopping comparison services and special offers. Using Linkury’s products do not require you to register for any of our products because we simply do not need you to. We do not require the submission of any information that identifies you personally, such as your name, address, email address and other (“Personal Information”). While we would never collect any personal information, in order to improve and personalize our products, surfing habits may be used for statistical analysis.

Information obtained by virtue of your visiting Linkury web sites

When you use Linkury Products, we will collect the following information:

1. The Internet domain and IP address from which you access the Linkury Products.
2. Screen resolution of your monitor.
3. The date and time you access the Linkury Products.
4. The page you are visiting with the Linkury Products.
5. If you linked to a Linkury web site from another referring web site, the address of that web site.

Linkury does not share this information with third parties and use this information for optimization purposes only. By using the Linkury Products, you are consenting to have this above-mentioned data transferred to and processed both within and without the United States of America. The information collected by Linkury uses only for statistical analysis, remains confidential and is not transferred or provided to any third party. By using the Linkury website, you agree to the preceding uses of your information in this way by Linkury. In case you decide to use the “contact us” option in the website, please note that your name and email address will be sent to Linkury’s support team. This information will only be used in order to reply to your request by email. Neither of this information is kept in our database, nor is it shared with any third party.

 

(individually and collectively with any subsidiary thereof Linkury)

The Services and This Agreement

1. The user (“You” or “User”) of any Linkury software, websites, forums, or mediated functionality (individually and collectively – the “Linkury Services”) agrees that the use of any Linkury Services, is covered by this agreement (the “Agreement”). Unless explicitly stated otherwise, any new features to the current Linkury Services, including the release of new Linkury properties, shall be subject to the Agreement. In addition, when using particular Linkury Service (whether owned or operated by Linkury), You and Linkury shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Agreement. Linkury may also offer other services that are governed by different Terms of Service. In case of any change in this agreement, the user will be notified via a prominent notice and the changes will be available for his/hers review.

2. Linkury provides Users, inter alia, with a toolbar to be implemented in User’s web browser. You also understand and agree that the Linkury Services may include advertisements (banners presented some error pages) and that these advertisements are necessary for Linkury to provide the Services, however Linkury does not collect data in any way for the favor of those advertisements. You also understand and agree that the Linkury Services may include certain communications from Linkury such as update suggestions and changes to certain agreements and you will not be able to opt out of receiving them.

3. You are responsible for obtaining access to the Linkury Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and re responsible for all equipment necessary to access the Linkury Services.

4. You understand that the technical processing and transmission of the Linkury Services, including content provided by you, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5. Any further information can be found in the following link[SH1]: http://www.linkury.com/. For uninstall instructions, please go to: http://www.linkury.com/index-8_faq.html, or contact Linkury’s support center at: support@Linkury.com

Provision of the Services

6. As a condition precedent of your use of the Linkury Services, you represent that you are of legal age to form a binding contract under the laws of any applicable jurisdiction and are not a person barred from receiving the Linkury Services under the laws of the United States or any other applicable jurisdiction. You also must be at least 18 in order to install and use the Linkury Services.

7. User agrees that Linkury may use subsidiaries, agents, or third-parties located anywhere in the world, to provide the Linkury Services. The User agrees that the provision of the Linkury Services, their extent, functionality, form and nature may change at the sole and exclusive discretion of Linkury, all without prior notice to you. Our Services include links to third party web sites whose privacy practices may differ from those of Linkury. If you submit personal information to any of those sites, your information is governed by the privacy policies. We encourage you to carefully read the privacy policy of any web site you visit. In order to enable the safe browsing functionality the user’s current visited website is sent to a third party service in order to verify its legitimacy, this third party does not save this information in any way, it simply returns an answer if the site is safe or unsafe.

8. User may stop using the Linkury Services at any time and does not need to provide notice to Linkury.

9. User understands and agrees that the termination of the Linkury Services, or changes to the extent, functionality, form or nature of the Linkury Services may result in loss of information which may include account details, or information User has provided. User agrees to hold Linkury harmless for any loss or damage arising directly or indirectly from the loss of information contemplated herein or for the termination of Linkury Services.

10. User agrees that Linkury may unilaterally edit, modify or delete information or content provided as part of the Linkury Services. In case of a change in the product, the user will be informed of the update previously to the change.

Use of the Services and User conduct

11. User agrees to use the Linkury Services addressed by this Agreement, is restricted to ways, and for purposes, allowed by this Agreement and all applicable laws, or regulations in relevant jurisdictions (including any laws regarding the export of data or software to and from relevant countries). User agrees that it will not directly or indirectly engage in any activity that interferes with, or disrupts, the provision of the Linkury Services.

12. User agrees not to sell, provide, duplicate or otherwise make available the Linkury Services to anyone other than for its own personal purposes. The User agrees that any use of the Linkury Services or breach of the terms of this Agreement is the User’s sole responsibility, including, but not limited to, any resulting consequences such as damages or harm Linkury may suffer due to User’s failure to abide by the Terms of This Agreement. Linkury EXPLICITLY DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM USER’s, OR ANYONE ON ITS BEHLF, USE OF THE Linkury SERVICES.

. User agrees not to access (or attempt to access) any of the Linkury Services by any means other than through the interface that is provided by Linkury, including, but not limited to, specifically agree not to access (or attempt to access) any of the Linkury Services through any automated means.

14. User agrees not to restrict, discourage or inhibit any person from using the Linkury Services, disclose personal information of others through the Linkury Services or obtained through the LINKUY Services, collect information about users of the Services, “stalk” or otherwise harass another user, reverse engineer, disassemble or decompile any section or technology of or in the Linkury Services, or gain unauthorized access to the Linkury Services, to other users’ accounts, names or personally identifiable information, or to other computers, software or websites connected or linked to the Linkury Services.

15. User agrees not to, with respect to the Linkury Services, a) launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Linkury Services in a manner that sends more request messages to Linkury servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; b) send or otherwise transmit to or through the Linkury Services chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services; c) post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; d) violate any applicable laws or regulations; or e) assist or permit any persons in engaging in any of the activities described above.

16. User understands that all information and content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that You are entirely responsible for all content that you upload or otherwise make available via the Linkury Services. Linkury does not control the content posted via the Linkury Services. You understand that by using the Linkury Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Linkury be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Linkury Services.

17. User agrees to not use the Linkury Services to upload, post, email transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable

18. User agrees to not use the Linkury Services to harm minors in any way

19. User agrees to not use the Linkury Services to impersonate any person or entity.

20. You agree to not upload, post, email transmit or otherwise make available via the Linkury Services any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights);

21. You agree to not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States or any other applicable government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or any similar law; Intellectual Property Rights and Trademark information

Intellectual Property Rights and Trademark information

22. User acknowledges and agrees that Linkury owns all legal right, title and interest in and to the Linkury Services, including any intellectual property rights which subsist in the Linkury Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). User further acknowledge that Linkury Services may contain information which is designated confidential by Linkury and that User shall not disclose such information without Linkury’s prior written consent. User agrees that data generated in performance of the Linkury Services is the sole and exclusive property of Linkury, its users or its licensors with all rights reserved. Except as expressly authorized by Linkury, You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Linkury Services.

23. User is granted a limited license to access and use the Linkury Services and to download or print a copy of any portion of the Linkury Services to which it has properly gained access solely for its personal, non-commercial use, provided that all copyright or other proprietary notices are maintained intact. Such license is subject to this Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

24. Any use of the Linkury Services other than as specifically authorized herein, without the prior written personal permission of Linkury, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license granted hereunder is revocable by Linkury at any time without notice and with or without cause.

25. User agrees that all of Linkury`s trademarks, trade names, service marks and other Linkury logos and brand features, and product and service names are trademarks and the property of Linkury Inc. (the “Linkury Marks”). Without Linkury’s prior written permission, you agree not to display or use in any manner the Linkury Marks.

License to Use

26. Linkury grants to User a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software forming part of the Linkury Services, if any, provided by Linkury as part of the Linkury Services (“Software”). This license is for the sole purpose of enabling User to use and enjoy the benefit of the Linkury Services as provided by Linkury, in the manner permitted by this Agreement and subject to any applicable law.

27. User agrees not to (and not to permit anyone else to) copy, modify, and create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless the user has been authorized by Linkury in writing.

28. User may not assign (or grant a sub-license of) its rights to use the Software, grant a security interest in or over User’s rights to use the Software, or otherwise transfer any part of its rights to use the Software.

Termination

29. The terms of the Agreement will continue to apply until terminated by Linkury, as contemplated herein. You agree that LIKURY may, without any prior notice, immediately terminate, limit your access to or suspend your Linkury account, and/or access to the Linkury Services, at its sole discretion, with no need to explain the cause for such termination. Further, You agree that Linkury shall not be liable to You or any third party for any termination of your account or access to the Linkury`s Services.

30. Upon termination, all of the legal rights, obligations and liabilities that have accrued to User and Linkury which are expressed, contemplated or by their nature must continue indefinitely, shall be unaffected by this termination.

Exclusion of Warranties and Limitations of Liability

31. USER EXPRESSLY UNDERSTANDS AND AGREES THAT ITS USE OF THE Linkury SERVICES IS AT ITS SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND ‘AS AVAILABLE ” BASIS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Linkury SERVICES IS DONE AT USER’S DISCRETION AND RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Linkury OR THROUGH OR FROM THE Linkury SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Linkury FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE Linkury SERVICES.

IN PARTICULAR, Linkury, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO USER THAT:

(i) USE OF THE Linkury SERVICES WILL MEET ANY USER’S REQUIREMENTS,

(ii) USE OF THE Linkury SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

(iii) ANY INFORMATION OBTAINED BY USER AS A RESULT OF ITS USE OF THE Linkury SERVICES WILL BE ACCURATE OR RELIABLE, OR

(iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO USER AS PART OF THE Linkury SERVICES WILL BE CORRECTED.

32. IN NO EVENT WILL Linkury OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO USER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM USER’S USE OF SOFTWARE, THE Linkury SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF WEB BASED INTERFACE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED USING THE Linkury SERVICES, EVEN IF Linkury IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Linkury’S LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USER TO Linkury FOR THE Linkury SERVICE DURING THE TERM, BUT IN NO CASE WILL THE Linkury’S LIABILITY TO THE USER EXCEED $200. USER ACKNOWLEDGES THAT IF NO FEES ARE PAID BY IT TO Linkury FOR THE SERVICE, USER SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM Linkury, REGARDLESS OF THE CAUSE OF ACTION.

33. WITHOUT DEROGATING FROM THE PROVISION IN THIS SECTION 7 ABOVE, USER EXPRESSLY UNDERSTANDS AND AGREES THAT Linkury, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY IT AS A RESULT OF: (i) ANY CHANGES WHICH Linkury MAY MAKE TO THE LNKURY SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE Linkury SERVICES, OR ANY PART THEREOF OT FEATURES WITHIN THE Linkury SERVICES; (ii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH ITS USE OF THE Linkury SERVICES; (iii) USER

Software License

LINKURY SMART BAR SOFTWARE FOR GOOGLE CHROME This is an agreement between you, the end user, and Linkury Inc. (“Linkury”), a company incorporated in the United State of America. By installing, or using the Software (as defined below) you agree to be bound by the terms of this license

Agreement

This agreement applies to the Linkury Smart Bar Software, including all available editions, add-in tools and documentation, hereinafter referred to as the “Software”. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY, DISTRIBUTE OR USE THIS SOFTWARE.

1. GRANT OF LICENSE. Linkury grants you a non-exclusive right to install and use this copy of the Software according to the terms set forth below.

2. LIMITED USE. The license is limited to personal use of the Software only. You may not make any use of the Software under this Agreement for any commercial purposes. The license is further limited for use on your personal computer. Any use of the Software on an additional computer required separate acceptance of this Agreement. You undertake not to try to by-pass the above limitations in any manner, by copiying the Software or otherwise.

3. USE FOR COMMERCIAL PURPOSES. In the event that you would like to receive a license to use the Software for commercial and/or other non-personal purposes, you are required to contact Linkury in advance, at support@linkury.com, in order to purchase the license to the Software under the terms of a separate license agreement, as shall be seprately defined by Linkury.

4. TRANSFERS. You may not transfer the license to the Software to someone else unless you receive the prior written consent of Linkury. Such consent my be withheld by Linkury for any reason.

5. COPYRIGHT. The Software is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from Linkury.

6. REVERSE ENGINEERING AND CRACKING. You agree that you will not attempt to reverse compile, modify, adapt, translate, copy, emulate, clone, or disassemble the Software in whole or in part. You also agree that you will not attempt to circumvent (“crack”) any technical limitations on the period of use or available set of features of the Software, unless permitted by a valid license.

7. DISCLAIMER OF WARRANTIES. THIS SOFTWARE AND THE ACCOMPANYING FILES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. The user must assume the entire risk of using the program. LINKURY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF LINKURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMANGES.

8. TERMINATION. This license is effective until terminated. If indicated as a time-limited license, this license will immediately terminate without notice from Linkury when the license period expires. This license will immediately terminate without notice from Liinkury if you you fail to comply with any provision of this license. Linkury may further terminate this license at any time and any reason at its sole discretion. Upon termination you shall destroy all the copies and Installations of the Software.

9. GOVERNING LAW AND DISPUTES. This agreement shall be governed by the laws of the State of Israel and shall benefit Linkury, its successors and assigns. Any disputes shall be settled primarily through negotiations. In the event that disputes cannot be settled through negotiations, they shall be settled by the competant courts of Tel-Aviv, Israel.

10. SEVERABILITY. In the event of invalidity of any provision of this license, such invalidity shall not affect the validity of the remaining portions of this license.

11. RESERVED RIGHTS. Linkury reserves the right to change the license terms at any time, in which case the new terms will apply to copies of the Software produced or obtained after the change.