Last updated April 15, 2013
1. Services to Be Performed
Missing Link shall provide to you (1) an Administrator Profile Page, accessible through www.missinglink.com (the “Site”) for you to list and update as needed your administrative and contact information and through which you can manage your privacy settings, (2) upon payment of the appropriate fee through PayPal®, one or more Missing Link luggage tags/adhesive labels (“Missing Link Tags/Labels”) containing a unique Quick Response Code (“QR Code”) and unique identification number (“UID Number”) to attach to your personal property, and (3) a website page linked to your Missing Link Tags/Labels on which will appear the contact information that you decide to make public (“UID Profile Page”) (collectively, “Services”). These pages shall remain active only during the term of this Agreement.
There is a fee to purchase each Missing Link Tag/Label. That fee, which may change from time to time, is posted in the E-Store section of the Site. To pay individually for the Missing Link Tags/Labels, you must use the PayPal® link available on the Site. If a Missing Link corporate partner provides you with Missing Link Tags/Labels, the fee and payment for the Missing Link Tags/Labels will be arranged by the Missing Link corporate partner. There is no additional activation, subscription, or hosting fee to use the Services; however, you agree to register only authentic Missing Link Tags/Labels on the Site.
3. Payment Processing
4. Site of Work
Missing Link shall perform the Services from its office in Henderson, Nevada.
5. Term of Agreement
This Agreement shall begin on the date that you fill out your profile information forms and click on the “I Agree” and “Submit” buttons. This Agreement remains in effect until one of the following events occurs: (a) you affirmatively notify Missing Link in writing of your desire to cancel your subscription; (b) Missing Link provides written notice to the last email address posted in your Administrative Profile of Missing Link’s termination of this Agreement; or (c) you violate the terms of this Agreement.
6. Maintenance of Contact Information
It is your responsibility to ensure that your contact information on your Administrative Profile Page and UID Profile Page is accurate and current. If you do not maintain current information, someone who attempts to locate you after finding your lost property might not be able to reach you and Missing Link might not be able to reach you with administrative or other messages.
7. Children Under the Age of 13
Missing Link does not knowingly collect or use as part of the Services information about or from minors under the age of 13 without parental consent. You agree that you will not submit to Missing Link information about any minor under the age of 13 unless you are the parent of that child, in which case you knowingly give Missing Link consent to use that information as part of the Services. If you are the parent of a child under the age of 13 whose information we have received and used as part of the Services, you have the right to ask us to remove and delete that information by emailing us at: email@example.com.
8. Administrator Profile Page and UID Profile Page Accessibility
You acknowledge that sometimes there are interruptions in Internet service that are beyond the control of Missing Link, and Missing Link shall not be responsible for any data lost during Internet transmissions. While it is Missing Link’s intention to make your Administrator Profile Page and UID Profile Page accessible 24 hours per day, 7 days per week, you acknowledge that the these pages may be interrupted, suspended, or terminated from time to time for any, or no, reason. You further agree that Missing Link has the right to take down or block these pages if we receive a lawful order to do so. Missing Link shall not be responsible for any user’s inability to access your UID Profile Page, nor shall you be entitled to any refund or credit for any time that your Administrator Profile Page or UID Profile Page is inaccessible.
9. Missing Link’s Representations, Warranties, and Limitation of Liability
Missing Link represents that the Administrator Profile Page and UID Profile Page will be free from any Trojan horse, virus, time bomb, or malware at the time the pages first go live. However, MISSING LINK does not represent or warrant that the ADMINISTRATOR PROFILE PAGE OR UID PROFILE PAGE will be immune from acquiring trojan horses, viruses, time bombs, or malware after THEY go live.
MISSING LINK makeS NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT.
MISSING LINK IS ONLY PROVIDING YOU WITH ONE OR MORE Missing Link Tags/Labels PURSUANT TO SECTION 2 ABOVE, INCLUDING QR CODE AND UID NUMBER, AND A RELATED UID PROFILE PAGE. MISSING LINK MAKES NO REPRESENTATION THAT ANY THIRD PARTY WILL USE THE Missing Link Tags/Labels OR UID PROFILE PAGE TO CONTACT YOU TO RETURN LOST PROPERTY TO YOU OR THAT THE PROPERTY WILL BE RETURNED IN FULL OR IN PART OR INTACT. MISSING LINK DOES NOT PROVIDE INSURANCE FOR YOUR ITEMS BUT ONLY PROVIDES A MEANS FOR THE FINDER OF YOUR ITEMS TO CONTACT YOU BY USING THE Missing Link Tag/LabeL AND RELATED UID PROFILE PAGE.
In no event shall MISSING LINK be liable for LOST PROPERTY, REVENUES OR PROFITS or special, indirect, incidental, consequential, or punitive damages, even if it has been advised of the possibility of such LOSSES OR damages, NOR SHALL the aggregate liability of MISSING LINK, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to THE SERVICES exceed the FEES IN SECTION 2 ABOVE.
10. Your Representations and Warranties
You represent that the information you provide for your Administrator Profile Page and UID Profile Page is true and correct at the time the information is entered, although you may enter a contact name other than your own legal name to appear on the UID Profile Page for the public to contact. You represent and warrant that, if you offer any reward or other payment to a finder of any item through our Services, you shall be solely responsible for such reward or payment. You understand and agree that the information you post on the UID Profile Page may be viewed by third parties, who have obtained access to your Missing Link Tag/Label (or your QR Code or UID Number). You understand that the QR code or UID Number can be captured by third parties without your knowledge if they have access to the Missing Link Tag/Label. You represent that you will undertake all reasonable measures to prevent any intentional copying or capturing of your Missing Link Tag/Label for purposes other than returning your property to you. You agree not to post on your UID Profile Page any information that is illegal, obscene, threatening, defamatory, invasive of others’privacy, infringing of intellectual property rights, infringing of others’ privacy or publicity rights, or otherwise injurious to third parties. You agree to register with Missing Link only Missing Link Tags/Labels that you purchase through the Missing Link Site or that you obtain from a Missing Link corporate partner.
11. Force Majeure
Missing Link shall not be liable for any delay or failure to perform the Services in whole or in part due directly or indirectly to any circumstances beyond Missing Link’s control, including, without limitation, war, terrorism, riot, flood, act of God, court order, governmental action, fire, or failure of suppliers or subcontractors. In addition, Missing Link shall not be liable for any delay or failure to perform the Services in whole or in part if such delay or failure is due to your failure to respond on a timely or complete basis to requests made by Missing Link.
You agree to defend, indemnify, and hold harmless Missing Link, its affiliates, and their respective members, directors, officers, employees, subcontractors, and agents from and against all claims and expenses, including attorney fees, arising out of or related to the Services, including, without limitation, any representations made by you on your UID Profile Page regarding any payment or reward for the return of items to you.
13. Intellectual Property
You agree that Missing Link’s personalization of a QR code and UID Number for you for display on our Missing Link Tags/Labels s does not constitute a work for hire as defined in the U.S. Copyright Act of 1976 as amended and that Missing Link shall be considered the author of its QR codes and labels for copyright purposes and shall retain all rights under the Act except as otherwise provided in this Agreement. Missing Link grants to you a nonexclusive right to use the Missing Link Tags/Labels and UID Profile Page created pursuant to the Services. You shall not remove any copyright notices from the UID Profile Page created pursuant to the Services. You also agree that the term Missing Link is a trademark owned by us and that you may display our trademark only in connection with the Missing Link Tags/Labels and our Services.
14. Dispute Resolution
The parties agree that this Agreement shall be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions. The parties agree that, as to any dispute arising out of or related to this Agreement, they shall submit such dispute to an impartial mediator located in Cook County, Illinois for resolution. If the parties are unable to resolve the dispute by mediation, then the parties may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. The parties hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.
15. Communication from Missing Link
16. Waivers, Section Headings, and Severability
No waiver by Missing Link of any breach or default of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
17. Continuing Obligations
You agree that Sections 9, 10, 12, 13, and 14 of this Agreement shall remain in full force and effect beyond the termination or expiration of this Agreement.
18. Entire Agreement
All notices, consents, waivers, and other communications under this Agreement must be in writing and will be deemed to have been duly given when (a) delivered by hand with written confirmation of receipt, (b) sent by electronic transmission with confirmation of receipt, or (c) received by the addressee if sent by a nationally recognized overnight delivery service with proof of delivery requested. All communications sent to Missing Link should be addressed to firstname.lastname@example.org. All communications sent to you will be addressed to the contact information that you provide to Missing Link upon acceptance of this Agreement.
By clicking on “I Agree,” you warrant and represent that you are at least 18 years of age or, if less than 18 years of age that you have the consent of your parent or legal guardian, and that you have the power and authority to enter into this Agreement.