Terms of Service

Please Read the Following Terms Carefully Before Using this Service

The materials on this website link.fish (the “Site” “link.fish”) are provided by link.fish UG (haftungsbeschränkt) (“we”) as a service to its customers (“users”). This document explains the terms by which you may use our website in connection with the service (collectively the “Service”).  By using this site, you agree to be legally bound by these terms. If you do not agree to them, do not use the site/service or download any materials from it.

1. Acknowledgement and Acceptance of Terms of Use

This Agreement shall be construed as drafted jointly by the Parties and no presumption or burden of proof shall arise favouring or disfavouring any Party by virtue of the authorship of any of the provisions of this Agreement.

This Service is offered to you conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the Site by Link.fish UG (collectively, the “Terms”). The following Terms govern your access to and use of the Service. Your use of the Service constitutes your agreement to all such Terms.

If any User is using the Service on behalf of User’s employer, User represents that he/she is authorized to accept these Terms on his/her employer’s behalf. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new resources and services. In case of any violation of these rules and regulations, Link.fish UG reserves the right to seek all remedies available by law and in equity for such violations.

2. The Service and Use

Link.fish UG provides you web scraping service through Link.fish website. This service allows users to access link.fish website and extract information from websites. If you are a business, you can also access the API to extract information by paying fees for the same. We reserve the right, in our sole discretion, to change fees for the API Service at any time.

Your use of the technologies, tools, applications, and products made available by link.fish are used solely in conjunction with the extraction of data from publicly accessible websites including sites which may require log in. Any data extracted can be displayed as list, grid or map and the data can be sorted and filtered. The extracted data can be easily shared and
can be collaborated in real time.

You acknowledge that Link.fish UG’s ability to provide the Services is dependent upon your full and timely co-operation as well as the accuracy and completeness of any specification, information and data that you provide to Link.fish UG. Accordingly, you shall provide Link.fish UG with access to and use of, all information, data and documentation reasonably required by Link.fish UG for the performance of the Services.

3. Registration

In order to use the services, you will have to visit the site and register to open your account with us. Registration can be done free of any charge.

You must be 18 years of age or older. Individual users have to submit a valid email address; Businesses/Corporate have to submit their name and valid email address to register for using the site. Businesses which use the API, in addition to name and email address have to furnish billing address. You have to select a password during the registration process or get one auto created.

By electing to use these services; (a) you warrant that all information you submit while registering is current, true and accurate; (b) you agree to update this information; (c) You will not create more than one personal profile: (d) If we disable your account, you will not create another one without our permission; (e) you agree not to use the Services for any unlawful purpose.

You also represent that you are not a person barred from receiving the Services under the laws of your country or other applicable jurisdiction. If you provide any information that is untrue, incorrect, not current or incomplete, or if Link.fish UG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Link.fish UG has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. Security

The password chosen by you is known only to you. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You shall use all reasonable endeavours to ensure that the information transmitted to or from Link.fish UG’s servers with respect to the Services you require is secure. You are solely responsible for the activity that occurs on your account. You agree to notify Link.fish UG immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account by any third party.

5. Modifications

Link.fish UG reserves the right to modify these terms. The amended Terms shall be effective immediately after they are initially posted on the Site. Your continued use of the Service after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. You acknowledge and agree that Link.fish UG shall not be liable to you or any third party in the event that Link.fish UG exercises its right to modify or discontinue all or part of the Service.

6. License

All right, title and interest (including without limitation all Intellectual Property Rights) in the Link.fish UG Materials shall vest in and remain vested in Link.fish UG and its licensors. The materials on this Site are copyrighted and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. Subject to the terms and conditions of this Agreement, you are hereby granted a personal, non-exclusive, limited, non-transferable, freely revocable, license to use the Service, download software, or other utilities and tools onto your computer. You may download the information (“Materials”) found on Link.fish UG website specifically licensed to you or as allowed by any license terms or as per the Terms provided with individual Materials. All rights not expressly granted to you in this Agreement are reserved by link.fish and its licensors. This is a license, not a transfer of title, and is subject to the following restrictions. You may not:

a. Modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental;
b. Decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law;
c. Remove any copyright or other proprietary notices from the Materials;
d. Transfer, sub-license, distribute the site content or service to another person. You agree to prevent any unauthorized copying of the Materials.

7. User Conduct/Lawful Use

You agree that use of the site/service is subject to all applicable International, National, Federal, state, and local laws and regulations. You agree to abide by these laws and are solely responsible for using the Service to scrape the content of different websites. You agree to use link.fish for lawful purposes only.

You agree:
a. not to use link.fish for illegal purposes;
b. not to interfere or disrupt networks connected to link.fish;
c. to comply with all regulations, policies and procedures of networks connected to link.fish;
d. not to resell or transfer your access to the service to any third party;
e. not to restrict any other visitor from using the service;
f. to act responsibly, treat other website users with respect and not violate their rights;
g. not to copy, modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service or any part of the Website;
h. not to harvest or collect information about Users of the service without their express consent;
i. to use the Service only for the purpose of extraction of data from publicly accessible websites including sites which may require a user login;
j. to comply with copyright laws and rules covering copyrighted data which may be included in the data extracted by you;
k. not to extract data which is contrary to applicable laws or third party rights including Intellectual Property Rights;
l. to use legally and ethically the agent you build and obtain permissions necessary to use the agent on the data source you use to extract the data.

You agree that – you will not distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information; you will not send / receive any message that: (1) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or otherwise violates link.fish’s rules or policies; (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (3) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (4) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”); (5) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (6) contains site search/retrieval applications or device or process to download the contents available through the service; (7) impersonates any person or entity, including any of our employees or representatives.

Link.fish UG does not monitor the contents scraped by the users. However, if it is brought to our notice that you are using the service for unlawful purposes, or infringing on any copyright, you will be advised to desist from such use. Your failure to take the required action immediately will result in a cancellation of your account and forfeiture of any fees provided to Link.fish UG. Link.fish UG also reserves the right to remove any prohibited material without warning or notification to the User.

If you encounter such prohibited material on the Site you waive your right to any damages related to such exposure. Such material should be immediately reported to [email protected]

In case of any violation of these Terms Link.fish UG reserves the right to seek all remedies available by law and in equity for such violations.

8. No Resale

You agree not to reproduce, duplicate, copy, sell or resell access to the Service, without the express written consent of Link.fish UG.

9. Intellectual Property Rights

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You acknowledge that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other materials contained on the Site or through the Service (“Content”), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use the Content as expressly authorized by Link.fish UG. These Terms do not transfer any right, title, or interest in the Service, Site or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by Link.fish UG. You agree not to use or divulge to others any information designated by Link.fish UG as proprietary or confidential. Any unauthorized use of any Content contained on the Site or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SITE OR SERVICE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM LINK.FISH UG. USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE SITE OR SERVICE, FOR ANY PUBLIC, PERSONAL OR COMMERCIAL PURPOSES.

10. Disclaimer/ No Warranty

Link.fish UG will attempt to provide the Services at all times, except for limited periods for maintenance and repair. The actual service coverage, speeds, locations and quality may vary. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. Link.fish UG will not guarantee the accuracy, completeness or reliability of the data extracted, and shall not be liable for the consequences of use of such data. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. Link.fish UG makes no guarantee regarding the extraction, importation, publishing, storage, or delivery timeliness of data.

THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL LINK.FISH UG BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, OR INCURRED BY YOU ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTE BETWEEN YOU AND ANY WEBSITE WHICH YOU SCRAPE, FROM WHICH YOU EXTRACT DATA OR FROM WHICH YOU COPY DATA, EVEN IF LINK.FISH UG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Link.fish UG further does not warrant the accuracy, guarantee or completeness of the information, text, graphics or other items contained within the website content. Link.fish UG may make changes to the content, or to the services described therein, at any time without notice. Link.fish UG makes no commitment to update the content.

The user should not rely on the information presented on this site for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction before attempting to extract any data.

11. Limitation of Liability

As a condition of use of the Service, and in consideration of the services provided by link.fish, you agree that neither Link.fish UG, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Link.fish UG will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, loss of goodwill, loss of reputation, loss of anticipated savings, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, Site or Content; including but not limited to any of the following:

a. Reliance: The use of the Service by you, including but not limited to damages resulting from or arising from your reliance on the Service, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the Service.

b. Termination: The termination of your use of the Service by Link.fish UG pursuant to these Terms.

c. Infringement: Any allegation, claim, suit, or other proceeding based upon a contention that the use of the Service or the Site by you or a third party infringes or misappropriates the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.

d. Force Majeure: Any delay or failure of Link.fish UG to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond Link.fish UG’s control.

The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of Link.fish UG and its affiliates, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, LINK.FISH UG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE LINK.FISH UG SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF LINK.FISH UG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF LINK.FISH UG IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE AND THE SERVICE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU HEREBY RELEASE LINK.FISH UG FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

12. Indemnification

You agree to defend, indemnify and hold harmless Link.fish UG and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys’ fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by you arising out of or in connection with this Agreement; (b) intentional or negligent violations by you of any applicable laws or governmental regulation, (c) contractual relations between you and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.

You acknowledge that Link.fish UG has no control over the data extracted by any User and that Link.fish UG does not examine the use to which User put the Service or the nature of the data extracted. User hereby indemnifies and holds harmless Link.fish UG, its stockholders, officers, directors, employees and agents from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by User.
In the event that you have a dispute with website from which you extract the data using our Services, you release Link.fish UG from any and all claims, demands and damages (actual and 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.

13. Termination

You agree that we may terminate your right to use our Services if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material. Additionally, Link.fish UG reserves the right to deny provision of service to any user.

Any attempt to undermine or cause harm to Link.fish UG’s server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes Spamming, transmission of – malware, viruses, trojan horses; or by linking to sites and files that contain or distribute malware, viruses and trojan horses.

Link.fish UG may terminate user’s account and forfeit any fee at any time without prior notice, if you are in breach of the terms of this Agreement. Link.fish UG will be the sole arbiter as to what constitutes a violation of the Agreement.

14. Confidentiality

Through use of the Service and/or Site, you and Link.fish UG may disclose or make available to each other, Confidential Information in connection with the activities contemplated hereunder. Both the parties agree that during the Term of this Agreement and thereafter (a) they shall provide at a minimum, the same care to avoid disclosure of unauthorized use of confidential information as is provided to provide its own similar information, but in no event less than a reasonable standard of care; (b) they will use Confidential Information belonging to the other solely for the purposes of this Agreement and (c) they will not disclose Confidential Information belonging to the other party, to any third party (other than its employees and/or consultants reasonably requiring such Confidential Information for purposes of this Agreement who are bound by obligations of nondisclosure and limited use at least as stringent as those contained herein) without the express prior written consent of the other party. Each party will promptly return to the disclosing Party upon request any Confidential Information of the other party. Link.fish UG will not monitor, edit, disclose, sell, rent, license, exchange, or release any of your personally identifiable information without your explicit consent unless Link.fish UG has reason to believe that disclosing this information is necessary: (a) to conform to the edicts of law or comply with legal process served on Link.fish UG; (b) to prevent injury to or interference with (either intentionally or unintentionally) Link.fish UG rights or property, other Link.fish UG users, or anyone else that could be harmed by such activities; or (c) to act under exigent circumstances to protect the personal safety of the users or the public. If Link.fish UG transfers assets or has any change in control, user information may be transferred to the entity that acquires such assets or control of Link.fish UG.

For purposes of this Agreement, “Confidential Information” means, with respect to Link.fish UG, any and all information in written, representational, electronic, verbal or other form relating directly or indirectly to the present or potential business, operation or financial condition of Link.fish UG (including, but not limited to, information identified as being proprietary and/or confidential, pricing, marketing plans, customer and supplier lists, service data, and any information which might reasonable be presumed to be proprietary or confidential in nature) excluding any such information which: (i) is known to the public (through no act or omission of User in violation of this Agreement); (ii) is lawfully acquired by User from an independent source having no obligation to maintain the confidentiality of such information; (iii) was known to User prior to its disclosure under this Agreement; (iv) was independently developed by the User; or (v) is required to be disclosed by governmental or judicial order.

15. Miscellaneous Provisions

a. Assignment: You may not assign this Agreement, to any third party, without Link.fish UG’s prior written consent. Any assignment without such consent will make the assignment/transfer null and void. Link.fish UG may assign or transfer these Terms, at its sole discretion, without restriction, to provide the agreed Services to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

b. Notice: Any notice required to be given or otherwise given pursuant to this Agreement by the parties concerned, shall be in writing and shall be sent through email, or hand delivered, mailed by express mail, Government mail service, or sent by recognized courier service to the address mentioned in the website in case of Link.fish UG and to the address provided by the user at the time of registration.

c. Entire Agreement: These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose.

d. Severability: In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms.

e. No Waiver: Link.fish UG’s failure to act with respect to a breach by you or others, does not waive its right to act with respect to subsequent or similar breaches.

16. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the Laws of Germany, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of Germany, the laws rules and regulations of Germany shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach termination or invalidity thereof, shall be settled by arbitration in accordance with the German Arbitration Law as at present in force and as may be amended. The place of arbitration shall be Berlin, Germany. There shall be only one arbitrator. Arbitration shall be conducted in German language.

17. Contact

If you have any complaints or require any clarifications regarding these Terms, please submit your complaints or queries via an email to [email protected] or to the following address:

link.fish UG (haftungsbeschränkt)
Wilhelm-Kuhr-Str. 43
13359 Berlin

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