Terms and Conditions

Effective date: November 8, 2025

These Terms and Conditions form a binding legal agreement between you and Promo Link governing your use of our website and services. By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by these terms.

These terms supplement our Terms of Service and Privacy Policy. In case of conflict between these documents, these Terms and Conditions shall prevail. Please read this agreement carefully before using our services.

Agreement to Terms

By using Promo Link's website or services, you represent and warrant that:

✓ You are at least eighteen years of age and have the legal capacity to enter into binding agreements
✓ If representing an organization, you have the authority to bind that entity to these terms
✓ You will comply with all applicable laws and regulations in your use of our services
✓ All information you provide is accurate, current, and complete

Failure to meet these requirements may result in immediate termination of your access to our services.

1. Compliance with Laws and Regulations

You agree to comply with all applicable federal, state, local, and international laws, statutes, regulations, and ordinances when using our services. This includes but is not limited to:

• Advertising and marketing regulations governing promotional campaigns
• Data protection and privacy laws applicable to your jurisdiction
• Intellectual property laws and copyright protections
• Consumer protection regulations and fair trading practices
• Gaming and arcade industry regulations where applicable

You are solely responsible for ensuring your use of our services complies with all relevant laws in your jurisdiction.

2. Prohibited Activities and Conduct

When using our services, you must not engage in any of the following prohibited activities:

Fraudulent Conduct

Engage in any fraudulent, deceptive, or misleading practices, including providing false information or impersonating others.

Harmful Activities

Transmit harmful code, viruses, malware, or engage in activities that could damage, disable, or impair our services.

Unauthorized Access

Attempt to access restricted areas, bypass security measures, or gain unauthorized access to our systems or other users' accounts.

Intellectual Property Violations

Infringe on the intellectual property rights of Promo Link, our partners, or any third parties.

Interference with Services

Disrupt, interfere with, or place excessive burden on our infrastructure or servers.

Harassment or Abuse

Harass, threaten, defame, or abuse other users, partners, or our employees.

3. Content Guidelines and Restrictions

Any content you submit, upload, or share through our services must comply with the following guidelines:

✓ Be accurate, truthful, and not misleading
✓ Not violate any third-party rights, including intellectual property, privacy, or publicity rights
✓ Not contain harmful, offensive, or inappropriate material
✓ Comply with all applicable advertising and marketing regulations
✓ Be appropriate for a professional business environment

We reserve the right to remove or refuse any content that violates these guidelines or our policies.

4. Indemnification Obligations

You agree to indemnify and hold harmless Promo Link, its affiliates, officers, directors, employees, agents, and partners from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

→ Your breach of these Terms and Conditions
→ Your violation of any applicable laws or regulations
→ Your infringement of any third-party rights
→ Content you submit or promotional campaigns you conduct
→ Your negligent or intentional misconduct

5. Privacy and Data Protection Responsibilities

When using our services, particularly in cross-promotion campaigns, you agree to:

• Comply with all applicable data protection and privacy laws
• Obtain necessary consents for data collection and processing
• Maintain appropriate security measures for personal data
• Provide clear privacy notices to end users
• Honor user rights and data subject requests

Disclaimer of Warranties

IMPORTANT LEGAL NOTICE:

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROMO LINK DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Specifically, we do not warrant that:

• Our services will meet your specific requirements or expectations
• Cross-promotion campaigns will achieve particular results or outcomes
• Services will be uninterrupted, timely, secure, or error-free
• Information obtained through our services will be accurate or reliable
• Defects will be corrected or that our servers are free from viruses

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROMO LINK OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY:

Indirect or Consequential Damages

Including loss of profits, revenue, data, use, goodwill, or other intangible losses.

Personal Injury or Property Damage

Resulting from your access to or use of our services.

Unauthorized Access or Alterations

Any unauthorized access to or use of our servers or your information.

Third-Party Conduct

Any conduct or content of third parties on or through our services.

Service Interruptions

Any interruption or cessation of transmission to or from our services.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU TO PROMO LINK IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Exclusion of Consequential Damages

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Specifically, we shall not be liable for:

• Loss of business opportunities or contracts
• Damage to business reputation or goodwill
• Anticipated savings or expected profits
• Business interruption or operational downtime
• Punitive, exemplary, or special damages

Force Majeure

Promo Link shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

✓ Acts of God, natural disasters, or severe weather conditions
✓ War, terrorism, civil unrest, or government actions
✓ Internet service provider failures or network congestion
✓ Power outages, equipment failures, or telecommunications issues
✓ Labor disputes, strikes, or other industrial actions
✓ Pandemics, epidemics, or public health emergencies

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to any principles of conflicts of law.

Any legal action or proceeding arising under these Terms and Conditions will be brought exclusively in the federal or state courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction and venue of such courts.

You waive any objection to the jurisdiction of such courts based on improper venue or forum non conveniens.

Dispute Resolution Procedures

In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the parties agree to the following resolution process:

Step 1: Direct Negotiation

The parties shall first attempt to resolve the dispute through good-faith negotiation for a period of thirty days.

Step 2: Mediation

If negotiation fails, the parties may agree to submit the dispute to mediation by a mutually acceptable mediator.

Step 3: Litigation

If mediation is unsuccessful or declined, either party may pursue resolution through litigation in the appropriate courts.

Nothing in this section prevents either party from seeking immediate injunctive or equitable relief when necessary to protect rights or prevent irreparable harm.

Class Action Waiver

YOU AND PROMO LINK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and Promo Link agree otherwise, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

Severability Clause

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the original provision.

No Waiver

Our failure to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Material changes will be communicated through website notices or email notifications. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

Entire Agreement

These Terms and Conditions, together with our Terms of Service, Privacy Policy, and Cookie Policy, constitute the entire agreement between you and Promo Link regarding the use of our services and supersede all prior agreements and understandings, whether written or oral.