OpenMyLink is a service of Digital Arrange Inc., 2035 Sunset Lake Road, Suite B-2, Newark, Delaware, 19702.
OpenMyLink® (“WE” “US” or “OpenMyLink”) websites, bookmarklet (collectively, “Services”) is an online tool for creating and managing URLs. Users can make simplified web addresses that redirect or “link” to other web pages. A link does not indicate OpenMyLink’s endorsement of, or affiliation with other websites. We are not responsible for the content of external sites or resources redirected by our service. OpenMyLink is provided without warranty of any kind. There is no guarantee that it will be available at any given time, and no guarantee that the site or service will not be subject to interruptions. We reserve the right to amend or change these policies, terms and conditions at any time and without prior notice.
By Registering, You Agree to the Following Terms of Service:
Use of this service in association with spam and unauthorized messages is not tolerated. Sending bulk email requires direct permission through an opt-in or subscribed-to list and must contain a single-click unsubscribe link. Redirects to malware, pornography, objectionable or unlawful material is prohibited. Please report abuse at [email protected]
This site is intended for users who are 13 years of age or older. Paid accounts are nontransferable and non-refundable. You must accurately provide your legal full name, valid email address, and other requested information at signup. We establish limits concerning use of the Service and may modify these limits at any time without notice. We reserve the right to suspend or terminate service to anyone, at any time, without notice if we feel our Terms are being violated or integrity of service is being disrupted. Your use of our site and software is at your own risk. We can not guarantee the security of any data passing through our networks. You agree to be responsible for safeguarding your data, including usernames, passwords and content.
- 1. Account – the Account can be used after all of the following three steps are made by the Customer: – (1) the Registration Form is completed, (2) the Create Account field is clicked; and (3) the willingness to open an Account is confirmed by clicking the confirmation link automatically sent to the designated e-mail address. The Customer has thirty days to confirm the creation of the Account; upon expiry of this period, his or her details will be deleted. In the Registration Form, the Customer has to fill in the following of his or her details: e-mail address and password. The registration is also possible by using your Facebook, Twitter and Google login data.
- 2. Use of the basic features of the Account is available free of charge. Use of the additional options offered on the Website is available against payment and is possible after the Subscription is bought as set forth in the Pricelist. The Subscription is a service delivered by the Service Provider to the Customer for an indefinite period of time. Depending on the Customer’s selection, the billing period is either one month or one year starting from the date on which the Customer obtains access to the Account.
- 3. The Subscription can be bought via the relevant tab of the Website. The fee for using the subscriptionbased Account is charged in accordance with the Pricelist. The Customer is obliged to pay for the current Subscription period in advance. If the Subscription is not terminated before its expiry, it is automatically renewed by the same period. During the new subscription period, the Customer has access to paid functionalities from the moment they pay for the new period.
- 4. The Customer may, at any time and without specifying reasons, resign from the extension of the Subscription for the next subscription period by selecting the relevant option on the Website. In such an event, the Customer continues to have access to paid functionalities until the end of the ongoing subscription period.
- 5. During the ongoing subscription period, the Customer may upgrade or downgrade their subscription plan, with every downgrade of the Subscription having effect only at the end of the ongoing subscription period. If the subscription plan is upgraded, the Customer is obliged to pay the difference in price. The subscription plan is upgraded immediately, but not earlier than after the balance is credited to the Customer’s account. Shorter subscription periods (e.g. when an average annual plan is upgraded to the highest monthly plan) are upgraded immediately, but the balance resulting from a shortened subscription period is shown in the Account as a credit to use when extending the Subscription to another period.
- 6. All the Subscription prices shown in the Pricelist are denominated in U.S. dollars (USD), and are inclusive of all applicable taxes.
- 7. The Service Provider reserves the right to suspend the Customer’s account in any of the following events: a. if, despite being warned by the Service Provider and learning the reasons of such warning, the Customer remains in breach of these Regulations or any other generally applicable laws; b. a. if, despite being warned by the Service Provider and learning the reasons of such warning, the Customer’s conduct is harmful to the Service Provider’s or the Website’s reputation.
- 8. The Account may be suspended either for a fixed period specified by the Service Provider or for an indefinite period of time. When the Account is suspended, you cannot use any of its functionalities. When the Account is suspended, the Customer is obliged to remove the reasons for its suspension, and after such reasons are removed, to immediately notify the Service Provider thereof. The Service Provider reactivates the Account once the reasons for its suspension do not exist anymore, but not later then within 10 Business Days.
- 9. If the Account is suspended and the subscription reasons are not removed for more than 30 days, the Service Provider may terminate the Electronic Service contract by giving a seven days’ notice to the Customer.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account secure. You are not permitted to use another Account without permission. You must notify us immediately of any breach of security or other unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
- OpenMyLink: The Services allow you to shorten and track URLs using the OpenMyLink domain as the link. As long as you comply with these Terms of Service, you may use the Services your personal, non-commercial purposes or commercial purposes. Please contact us if you would like to use the Services for your business.
- Software Applications: We provide browser plugins and API access to use the Services. As long as you comply with these Terms of Service, you have the right to use this software to access and use the Services. This license is for the sole purpose of enabling you to use the Services, as permitted by these Terms of Service. You may not modify, re-distribute, or sell the software, nor may you decompile or attempt to extract the source code of that software.
Definition: Certain features of the Services allow OpenMyLink to collect and track metrics, and generate analytics, relating to URLs shortened using the Services, bundles of shortened URLs created using the Services, and other metrics and analytics related to use of the Services (“OpenMyLink”). OpenMyLink metrics include, but are not limited to:
- A history of all URLs shortened by a particular Account.
- A history of all clicks on a shortened URL.
- A history of all sharing of a shortened URL through third-party services such as Facebook, Twitter and many others using pixel technologies.
- A history of referral URLs for clicks of a shortened URL.
- A history of IP addresses used to access a shortened URL.
- Visual presentation of any or all of the above (excluding IP addresses).
- Definition: For purposes of these Terms of Service, the term “Content” includes, without limitation, URLs, shortened URLs, bio pages, profiles pages, curated URLs, bundles or packages of URLs, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
- User Content: All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately transmitted (collectively “User Content”), is the sole responsibility of the user who originated it. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services. However, you understand that (i) certain User Content (e.g., previously shortened URLs and related OpenMyLink) will remain available and (ii) any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others).
- OpenMyLink Content: The Services contain Content specifically provided by OpenMyLink or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Such Content includes, but is not limited to, OpenMyLink. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- Use License: Subject to these Terms of Service, OpenMyLink grants each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use as part of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from OpenMyLink, or from the copyright holder identified in such Content’s copyright notice. If you would like to use the Services for commercial purposes, you must purchase a license for our OpenMyLink tools, or contact us regarding other types of uses.
Availability of Content
OpenMyLink guarantees to the best of our abilities, that any Content will be made available through the Services. Furthermore, OpenMyLink monitors all the Services. However, OpenMyLink reserves the right to (i) remove, edit or modify any Content, without notice to you for (including, but not limited to) upon receipt of claims or allegations from third parties or authorities relating to such Content or if OpenMyLink is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.
Rules of Conduct
- You promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
- You shall not, and shall not permit any third party to, either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content (including User Content) on or through the Service that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- is unlawful, such as content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or tortuous;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of OpenMyLink or any third party;
- impersonates any person or entity, including any employee or representative of OpenMyLink;
- includes anyone’s identification documents or sensitive financial information; or
- is otherwise determined by OpenMyLink to be inappropriate at its sole discretion.
- You shall not: (i) take any action that imposes or may impose (as determined by OpenMyLink in its sole discretion) an unreasonable or disproportionately large load on OpenMyLink’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures OpenMyLink may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of OpenMyLink’s guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
- OpenMyLink also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of OpenMyLink, its users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.
Third party services
The Services may permit you to link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under the control of OpenMyLink, and you acknowledge that OpenMyLink is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by OpenMyLink or any association with its operators. You further acknowledge and agree that OpenMyLink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
If you violate our Terms of Service, OpenMyLink may terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- OpenMyLink has no special relationship with or fiduciary duty to you. You acknowledge that OpenMyLink has no control over, and no duty to take any action regarding:
- which users gains access to the Services;
- what Content you access via the Services;
- what effects the Content may have on you;
- how you may interpret or use the Content; or
- what actions you may take as a result of having been exposed to the Content.
- You release OpenMyLink from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. OpenMyLink makes no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
- THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. OpenMyLink, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
- ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): OpenMyLink MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. OpenMyLink will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on OpenMyLink’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
You shall defend, indemnify, and hold harmless OpenMyLink, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. OpenMyLink reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with OpenMyLink in asserting any available defenses.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DIGITAL ARRANGE, INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New Ark, Delaware.
ENTIRE AGREEMENT AND SEVERABILITY.
These Terms of Service are the entire agreement between you and OpenMyLink with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and OpenMyLink with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
- Force Majeure. OpenMyLink shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond OpenMyLink’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with OpenMyLink’s prior written consent. OpenMyLink may assign, transfer or delegate any of its rights and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
- Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
- No Waiver. The failure of OpenMyLink to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, OpenMyLink must provide you with written notice of such waiver, provided by one of its authorized representatives.
- Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
We automatically send an account validation email and two emails indicating expiring/expired account. All other notifications and alerts concerning click stats, event monitoring and account limits are for convenience purposes and an optional part of the service.
Update: September 27, 2022