Privacy policy Copyright policy © 2024 Linkroom LLC

Term of Use

Last Updated – Effective Date: April 16, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START USING THE SERVICES.

By using, accessing or installing the Services (defined below) or by clicking to accept or agree to these Terms of Use (“Terms of Use”) when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy available at https://linkroom.com/privacy-policy and, for Users (defined below) using, accessing, or participating in the VIP Fan Experience (defined below), the VIP Fan Experience Privacy Notice available at https://linkroom.com/fan-experience-privacy-policy or such other notices or supplements provided on the VIP Fan Experience subplatform associated with your use, access or participation of or with the VIP Fan Experience or the Session or Sessions you attend (collectively, “Privacy Policy”), our Community Standards (defined below), our Copyright Policy available at https://linkroom.com/copyright-policy (“Copyright Policy”), and our Mobile Application End User License Agreement available at https://linkroom.com/mobile-application-end-user-license-agreement (“Mobile Application End User License Agreement”), and each Services Agreement (defined below) and Merchant Agreement (defined below) between Linkroom (defined below ) and you (collectively, the “Agreement”), which are incorporated herein by reference.

IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY, OUR COPYRIGHT POLICY, OUR MOBILE APPLICATION END USER LICENSE AGREEMENT, ANY SERVICES AGREEMENT, OR ANY MECHANT AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES, OR ACCEPT OR AGREE TO THESE TERMS OF USE. As explained further below, Linkroom reserves the right to update these Terms of Use in its sole discretion at any time. Your continued use of the Services (including our Website or Mobile Application, defined below ) constitutes your acceptance of such change(s).

IF YOU ARE A CLIENT (DEFINED below ), YOUR SERVICES AGREEMENT IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU ARE A CLIENT AND PARTY TO A MERCHANT AGREEMENT, YOUR MERCHANT AGREEMENT IS SUBJET TO THESE TERMS OF USE.

PLEASE REGULARLY CHECK THE WEBSITE (defined below) TO VIEW THE THENCURRENT TERMS OF USE.

THESE TERMS OF USE ALSO REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, SEE SECTION 32 below (ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY).

THESE TERMS OF USE ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 27 below (LIMITATION ON LIABILITY) AND SECTION 33 below (LIMITATION ON TIME TO FILE CLAIMS).

We provide the Services for use only by persons located in the United States of America (the “United States”). We do not currently intend to offer the Services to users outside the United States. The Services, including our Website or Mobile Application, can be accessed from countries around the world and may contain references to services that are not available in your country. These references do not imply that Linkroom intends to announce such services in your country. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Introduction. Linkroom LLC (“Linkroom”, the “Company”, “our”, “us”, “we”), provides a collaboration and communications hub, which allows Users to participate in and/or communicate with other Users by voice and video streaming in sessions, events or meetings (“Sessions”) held in and through one or more threedimensional (3D) virtual meeting or event rooms or spaces (“Rooms”), through, among other things, our proprietary technology, software and platform, including our website available at www.linkroom.com (the “Website”) and mobile access to the Website or any mobile application owned by Linkroom and used by you in connection with products and services provided by Linkroom (collectively, the “Mobile Application”). Such services, including the Website, the Mobile Application, and the other services (including Site Capture Services, defined below) described herein or in an applicable services agreement (“Services Agreement”) and/or Merchant Agreement (defined below) between Linkroom and the holder (the “Client”) of the subscription (the “Subscription”) for Services thereunder, are referred to herein as the “Services”.
  2. Representations and Warranties. By using the Services, you represent and warrant that you are of
    legal age to form a binding contract with Linkroom and meet all of the foregoing eligibility requirements. If you are accessing or using the Services on behalf of an entity or organization, (i) your use of the Services binds such entity or organization to these Terms of Use, (ii) the terms “you” and “your,” as used in these Terms of Use, our Privacy Policy, our Copyright Policy, our Mobile Application End User License Agreement, any Services Agreement or any Merchant Agreement between Linkroom and you, and any other document or policy referenced in these Terms of Use, shall be deemed to mean both you, in your individual capacity, and the entity or organization on whose behalf you are accessing, using or contracting for the Services, and (iii) you represent and warrant that you are authorized by such entity or organization to access and use the Services, enter into the Terms of Use, our Privacy Policy, our Copyright Policy, the Mobile Application End User License Agreement, such Services Agreement, such Merchant Agreement, and any other document or policy referenced in these Terms of Use on behalf of such entity or organization and to bind such entity or organization to such terms, policies and documents. IF YOU DO NOT MEET THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SERVICES.
  3. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. YOU ARE EXPECTED TO CHECK THIS PAGE EACH TIME YOU ACCESS THE SERVICES SO YOU ARE AWARE OF ANY CHANGES, AS THEY ARE BINDING ON YOU.
  4. Overview of the Services. (a) In General. In general, the Services are used and accessed by Clients, Administrators, Hosts and Guests. The Client enters into a Services Agreement with Linkroom for a Subscription and other Services, pays applicable fees and expenses for the Subscription and other Services, and designates (through the Services) one or more Administrators. Administrators administer the Client’s Subscription and account, may organize Sessions and designate (through the Services) one or more Hosts for Sessions. Hosts facilitate and/or make presentations at Sessions. (However, if the Services are being provided through the VIP Fan Experience, the VIP (defined below), as Host for, and acting on behalf of the Client, may schedule one or more Sessions as and to the extent permitted by the Services and these Terms of Use, as further discussed in Section 15 below (The VIP Fan Experience)) Guests attend and participate in Sessions. Hosts (including VIPs) and Guests access the Services (including Attending Sessions) under the applicable Client’s Subscription and account. The roles and responsibilities of Clients, Administrators, Hosts (including VIPs) and Guests are further discussed below.