This legal agreement between you (“you”) and LYNK & CO International AB ("Lynk & Co", “we” or “us”), Planetgatan 6, 417 55 Gothenburg, Sweden, with organisational number 559151-8161 (the “Terms of Use”) contains the terms applicable to your use of the Co:Lab platform (“Co:Lab”).
Lynk & Co and its affiliated companies offer Co:Lab as an on-line community platform to facilitate discussion and the sharing of ideas in relation to Lynk & Co and its cars, systems, mobile applications and business offers, and accordingly provide hosting services that allow visitors to access and members to post content on the platform free-of-charge.
1. USE OF CO:LAB
By accessing and using Co:Lab, You:
- agree to comply with the Terms of Use at all times;
- agree to adhere to the CO:Lab User Guidelines available on our website at all times; and
- confirm that you are at least 18 years old and not subject to guardianship or similar.
Use of Co:Lab requires You to establish a user account creating a Co:Lab ID username or using a social media sign-in feature. All Co:Lab accounts must be tied to a personal email address or social networking profile you own and operate. You may not register for or hold multiple CO:Lab accounts. We are not liable for any damage or loss due to unauthorized account access resulting from your actions.
Any use of Co:Lab shall take place in a private and secure manner and in accordance with these Terms of Use, the User Guidelines and applicable rules and regulations (“Authorized Use”). Co:Lab may not be used for any activity deemed to be illegal, unethical, criminal or otherwise an objectionable activity (“Unauthorized Use”), including but not limited to any action to:
(i) copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the content at Co:Lab, in any way or publicly display, perform, or distribute them;
(ii) make any use of the content on any other website or networked computer environment for any purpose, or replicate or copy the content without Lynk & Co’s express prior written consent;
(iii) create a browser or border environment around the content (no frames or inline linking);
(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of Co:Lab without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
(vi) transmit or otherwise make available in connection with Co:Lab any virus, worm, trojan horse, time bomb, web bug, 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, or any other actually or potentially harmful, disruptive, or invasive code or component;
(vii) interfere with or disrupt the operation of Co:Lab, or the servers or networks that host Co:Lab or make Co:Lab available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(viii) sell, license, or exploit for any commercial purposes any use of or access to Co:Lab or any content on Co:Lab;
(ix) frame or mirror any part of Co:Lab without Lynk & Co’s prior express written authorization;
(x) create a database by systematically downloading and storing all or any of the content from Co:Lab
(xi) forward or otherwise disclose any data generated from Co:Lab without the express prior written consent of Lynk & Co;
(xii) transfer or assign your account’s password, even temporarily, to a third party,
(xiii) use Co:Lab for any illegal, immoral or unauthorized purpose;
(xiv) use Co:Lab or its content for non-personal or commercial purposes without Lynk & Co’s express prior written consent; and/or
(xiv) transmit or otherwise make available in connection with Co:Lab any information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non-consensual sharing of private images, online stalking and the non-authorized use of materials that are protected by third party intellectual property rights (“Illegal Content”).
1.1 Monitoring and modification
We have the right to monitor Co:Lab user activity, and moderate any user activity in violation of the Terms of Use, the User Guidelines, our explicit instructions and/or applicable laws and regulations by taking any measure, whether or not automated, aimed at detecting, identifying and addressing illegal content or (other) Unauthorized Use or suspending, terminating or limiting your Co:Lab membership or any other action required or permitted under any applicable laws.
When we take any moderation measures, we will inform the user of our decision, the reasons for our decision and the available redress possibilities to contest the decision.
2. IDEAS
Co:Lab invites you to submit your own Ideas as suggestions for potential future Lynk & Co products or services or improvements of existing products or services including drawings or other descriptions of your idea or invention (the “Idea”).
The submission of your Ideas to Co:Lab is entirely voluntary, non-confidential, gratuitous, and non-committal for us. You understand that we, or any other user, may be working on the same or similar ideas, that the Ideas or parts of the Ideas may already be known from other sources, that the Ideas or parts of the Ideas may already be developed on Lynk & Co’s own account or that we may have taken/will take some other action.
By submitting Ideas to Co:Lab you:
- acknowledge that you understand that by submitting Ideas on Co:Lab you are making it available to the public and may thereby be prevented from seeking protection, such as patent, design protection etc. for the Idea in the future;
- agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you or to disclose the Idea on a non-confidential basis or otherwise to anyone;
- acknowledge that we do not waive any rights to use similar or related ideas previously known to us, developed by our employees or obtained from sources other than you;
- warrant that any Idea submitted to Co:Lab represents your own original work and that you have all necessary rights to disclose it to the public, assign it to us and that the Idea otherwise is in accordance with these Terms of Use;
- warrant that you will not seek protection, including but not limited to patent, design protection etc. for any idea that might be related to the submitted Idea to Co:Lab that prevents us from commercializing the idea submitted to Co:Lab; and
- agree that we can make all content submitted by you available to other users when using Co:Lab.
A) Assignment of all intellectual property rights
To the extent that your submitted Ideas to Co:Lab give rise to any intellectual property right (including but not limited to copyrights and moral, patent rights, design rights etc.) in relation to the Idea, you hereby irrevocably, freely assign and transfer to Lynk & Co all present and future rights, titles and interest to the largest extent possible to the Idea, meaning that we can use your Ideas in any way and for any purpose, including to commercialize, protect, reproduce, manufacture, copy, adapt, modify, perform, display, publish, sell, transfer, assign, sub-license, broadcast, transmit, or communicate to the public by any means whether now known or unknown and distribute your contributions for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent moral rights cannot be assigned, you commit not to invoke them or exercise them vis-à-vis Lynk & Co in any way. Upon our reasonable request, you will execute any documents necessary to give effect to this clause.
B) Commercialization and Compensation of your Ideas
We choose in our sole discretion whether to commercialize your Ideas through Co:Lab. If we decide to further investigate your Idea, we will try to give feedback within six months. If you do not get a respond from us during this time, we may have rejected your Idea. If your Idea is approved by us, we will try to inform you of our decision and anticipated time frame for the project, however without any obligation or responsibility to develop or commercialize the Idea.
As consideration for your submited Ideas you will have access to Co:Lab, its content and services and will be able to dicuss Ideas with us and other users, subject to the restrictions and limitations in these Terms of Use.
You hereby revoke all rights or any claims to any rights or compensation outside what is expressly stated in these Terms of Use.
Should we decide to commercialize your Ideas through Co:Lab, partly or in its entirety, you may be compensated at Lynk & Co’s sole discretion on a case by case basis.
You will not be compensated further unless dictated by mandatory rules. You agree not to take advantage of Co:Lab for commercial gain outside of the context of Co:Lab. Therefore, you may not sell any items, physical or digital, related to content you have submited and later delete or remove from Co:Lab.
C) Taxes
Reporting any compensation received, and paying any taxes due, to your home tax authorities are solely your responsibility. We are not responsible for and will not pay any taxes imposed by your home tax authorities. All payments made under these Terms of Use shall be free and clear of any and all taxes, duties, levies, fees or other charges, except to the extent we are obliged to withhold taxes according to law.
3. DATA PRIVACY
Lynk & Co’s Privacy Policy available on our website Here applies to your personal data as processed by us as a result of your use of Co:Lab.
4. TITLE, COPYRIGHT AND OTHER RIGHTS TO CO:LAB
All title, ownership, rights and intellectual property rights in and to Co:Lab shall remain with Lynk & Co and/or its affiliates or licensors. We reserve all rights in owned and licensed content that are not expressly granted to you in these Terms of Use.
Any right or interest you may acquire, whether registered or not, (in particular any goodwill) is hereby assigned to Lynk & Co for the consideration set out in Section 2B.
Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of Co:Lab, in any manner or means without the prior written consent by us, is strictly forbidden. “Lynk & Co”, the Lynk & Co logo, and other trade or website marks are property of Lynk & Co and may not be used in any of the aforementioned means.
Any design or interactive features of Co:Lab that may be created or that are specifically created and not protected under open source or license is a protected work under copyright laws and all its intellectual property rights remain the exclusive proprietary of Lynk & Co.
5. DEVICE USAGE
You acknowledge and agree that your use of Co:Lab must also be in accordance with the usage rules established by your mobile phone carrier or internet service provider.
We do not warrant that Co:Lab will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your devices.
You acknowledge and understand that if accessed by a mobile device, Co:Lab may require data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.
6. LINKS AND COMMERCIAL INFORMATION
We may incorporate advertisements or information of commercial nature on Co:Lab. The source of such information may originate from Lynk & Co or from third parties. If such information originates from third parties, we cannot guarantee its reliability or accuracy.
If Co:Lab includes links to other websites or applications not operated or managed by us, we will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such websites and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date.
We will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of websites you have accessed via links on Co:Lab.
7. NO WARRANTIES
Co:Lab is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any other applicable statutory warranties (to the fullest extent permitted by applicable law).
We reserve the right to interrupt Co:Lab from time to time with or without prior notice in order to perform maintenance.
We have the right at any time to change and eliminate any aspect(s) of Co:Lab as we see fit in our sole discretion.
8. LIMITATION OF LIABILITY
In no event will we be liable to you for any damages, including without limitation and to the extent permitted by applicable law, any lost profits, lost savings or other indirect, special, incidental, punitive, or consequential damages arising out of your use of Co:Lab or any error or malfunctions of Co:Lab, including but not limited to any restrictions to seek protection for any invention, idea, contribution or similar by it having been made public on Co:Lab.
The compensation set out in Section 2B is the only compensation we will pay for the published Ideas and, regardless of the extent of Lynk & Co’s use or the size of earned or saved money due the use of, or influences from, an Idea.
9. TERMINATION
We may, at our sole discretion, remove or block any hosted content (including, but not limited to comments, data, information, graphics, photographs, images, illustrations, and video clips) from Co:Lab without prior notice or liability for any reason whatsoever. We reserve the right to take legal or technical steps to ban any user from Co:Lab without prior notice or liability, if this user is believed to be violating the Terms of Use.
You may terminate your use of Co:Lab and your account at any time and for whatever reason. You are not obligated to advise us of such termination. However, you agree to be contacted by us for feedback as to why the termination occurred. We will inform you if your account is terminated.
10. UPDATES TO THESE TERMS
We reserve the right to update and change these Terms of Use in our sole discretion. While we will make all reasonable efforts to notify you of changes, your continued use of Co:Lab constitutes your acceptance of the, at any time, applicable Terms of Use.
11. ENTIRE AGREEMENT
You acknowledge that you have read these Terms of Use, understand them and agree to be bound by them. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of the Terms of Use.
12. ASSIGNMENT
You may not assign or transfer your rights in and to Co:Lab without the prior written consent by us. We may assign our rights in and to Co:Lab to a third party at our sole and absolute discretion, provided that the third party undertakes our obligations to you under these Terms of Use.
13. GOVERNING LAW & DISPUTES
These Terms of Use will be governed by Swedish law. Any dispute, controversy or claim arising out of or in connection with these Terms of Use shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
The seat of arbitration shall be Gothenburg, Sweden, and the arbitral proceedings shall be conducted in the English language.