Terms of Use

This is the User Agreement for www.linklift.net ("User Agreement"). The services available at www.linklift.net are provided by Linklift Ltd., German subsidiary, ("Linklift", "company", "we", "us" or "our"), located at Ritterstr. 11, 10969 Berlin, Germany.

Acceptance of User Agreement

This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at www.linklift.net (the "Site"). If you ("you", "Customer", "User") do not agree to be bound by this User Agreement, you may not use or access our services.

Please read this User Agreement carefully. You must read, agree with and accept all of the terms and conditions contained. This User Agreement govern your access and use of this Site. By accessing or using this Site you agree to be bound by this User Agreement and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into this User Agreement.

Linklift reserves the right to make changes to this Site and to this User Agreement at any time without prior notice. You should review this User Agreement each time you access this Site. You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of our service.

This User Agreement is effective on February 28, 2007 for new registering users and is otherwise effective on October 17, 2006 for all users that have previously registered with Linklift.

Eligibility

Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Linklift members. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.

Individuals that are in any way affiliated with, agents of, working for, or employed by any internet search engine organization may not register to use this site.

Description of Service & Parties

Linklift sells internet advertising space and related services (collectively "Services") as described in its Site. Linklift also displays internet advertisements on various websites that serve as publishers thereof. By clicking below, you agree to become an advertising client (a person or legal/business entity that buys ad spaces for a certain time period), and/or a publisher (a person or legal/business entity that sells an ad space to an advertiser for a certain time period), as the case may be, in connection with and using Linklift's Services.

A Publisher sells ad space to Linklift in order for Linklift to sell the ad space to advertisers ("Marketing"). In order for Linklift to be able to market an ad space, the publisher has to register the ad space with Linklift and Linklift has to approve the ad space. There is no entitlement to receive approval. In order for an advertiser to be able to purchase an ad space for a certain period, his ad has to be approved by the publisher, or – if the publisher does not respond within 24 hours – by Linklift. There is no entitlement to receive an approval.

You also certify that you will use the Site only for the purpose of browsing Linklift's ad inventory with a sincere interest in buying or selling ads, and you will not access the Site for any other reason.

A publisher agrees that it will use Linklift's services exclusively for its needs relative to placing static HTML links designed to drive traffic and increase link popularity.

Linklift reserves the right to modify its Site and its Services at any time, including the discontinuation thereof.

Use of the Site

You agree to use this Site in a responsible manner that is in full compliance with this User Agreement and with your local laws and regulations. You will not use the Site for any purpose that is illegal, pornographic, infringing, obscene, abusive, or in any offensive manner, including but not limited to violating the security of any computer network.

You will use the Site to make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, including, without limitation, the manipulation of the code building blocks, except with express written consent of Linklift. You may not resale or make commercial use of the Site's contents; any collection and use of any listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.

You will observe and comply with all registration requirements of Linklift, as well as Linklift's technical requirements for the proper display of advertisements. You certify that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Under no circumstance you can divulge, record, or abuse any information pertaining to web sites found in the inventory of Linklift, including but not limited to URLs, descriptions, and images.

If Customer is a publisher, it agrees that it will use the Company's Services exclusively for its needs relative to placing static HTML links designed to drive traffic and increase popularity.

Pricing, Compensation, and Payment

For the purpose of transaction handling as well as remuneration, Linklift will set up and administer a dedicated account ("Linklift Account") for every User. Potential credits in these accounts will not be paid interest on. A payout from theses accounts has to be at least in the amount of £ 20.

Prices for ad spaces are set in Linklift's sole discretion. Linklift reserves the right to change its price list and to institute new charges at any time, upon prior notice to a Customer, which may be sent by email or posted on the Site.

An advertiser pays a fixed amount for the purchase of an ad space for a specific time period. In case the advertiser has elected an auto-renewal, the booking is automatically renewed for another booking period of one month unless not the advertiser cancels prior to the anniversary of the booking period. In case the advertiser has elected a manual renewal, a booking automatically expires unless the advertiser is not manually extending the ad.

A soon as an ad space has successfully been sold, the publisher at the end of the month that the booking period ends in will receive a payment in the amount of 70% of the sales price of advertisements displayed in connection with the publisher's website for the advertiser's use of the Services.

In case an advertiser does not fulfill his payment obligations, Linklift at it's sole discretion may terminate the advertiser's booking. In such case, the publisher's right to receive payment can be reduced by Linklift on a pro rated basis.

You agree to pay all applicable taxes or charges imposed by any government entity in connection with your use of the Services. If you are past due on any payment to Linklift, Linklift may discontinue its Services without further notice to you.

Linklift reserves the right to withhold payment or charge back your account due to any breach of this Agreement by yourself.

Breach

Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of you're the ad spaces being marketed through Linklift and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; (c) if we believe that your actions may cause us financial loss or legal liability; or (d) if we find you to engage in undesirable activities.

Privacy and Transfer of Data

Your Information will be stored and processed on our computers in Germany. The laws on holding personal data in Italy may be less stringent than the German laws. If you object to your Information being transferred or used in this way please do not register.

Please refer to our Data Protection Policy for further clarification and details.

Disclaimer of Warranty

Linklift will not have any duty to control the content that you or any other users make available through the Site, and Linklift is not liable for the accuracy of any content displayed through its Site and the solvency of its Users. You assume all risks related to your published content. Regardless of whether you are an advertiser or a publisher, you understand that other users will have access to Linklift's Services and Site, including your competitors. You release Linklift from all liability related to the publication of your content through the Site.

We (and our subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided on an "as is" basis, without warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Linklift does not warrant the results of use of the services, including, without limitation, the results of any advertising campaign like the generation of revenues, the generation of targeted traffic, or an increase in search engine relevancy, and you assume all risks and responsibility with respect thereto, including, without limitation, a negative change in search engine relevancy.

To the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.

Linklift is and will not be liable for any content on third party sites that link directly or indirectly to the Linklift Site.

Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Indemnity

You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

Termination

Users and Linklift may terminate the Services at any time by notifying the party by any means. However, advertisers may only cancel a purchase to the end of the period that the ad runs, and publishers may only cancel ad spaces to the end of the period that the last ad of the ad space runs. Should a publisher remove an ad prior to the end of the period that the ad runs, he loses any right of remuneration with respect to the respective ad.

Governing Law

This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.

Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).

The laws of your country may be different from English law. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and solicitation of offers to purchase and/or to sell ads. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Arbitration

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, to take place in London, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Linklift, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Linklift are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement and you do not have any authority of any kind to bind Linklift in any respect whatsoever. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Linklift shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Linklift's reasonable control.

You acknowledge that the Site is protected by copyright laws.

Data Protection Policy

This is the data protection policy ("Data Protection Policy") for www.linklift.net, the services provided for English users available under the domain and sub-domains at www.linklift.net (the "Site").

Scope

This Data Protection Policy describes how Linklift Ltd., German subsidiary, ("Linklift", "company", "we", "us" or "our"), located at Ritterstr. 11, 10969 Berlin, Germany, collects, stores, uses and discloses your personal information in connection with the performance of the services that are made available to you through the Site.

Other Linklift websites worldwide operate under similar privacy practices and, subject to the requirements of applicable local law, we strive to provide a consistent set of privacy practices throughout the global Linklift offerings.

By accepting the User Agreement during the process for registering a Linklift account or by using the Site, you expressly consent to the collection, storage, use and disclosure of your personal information by Linklift as described in this Data Protection Policy. Linklift is the sole data controller with regard to any processing of Linklift users' personal information.

This Data Protection Policy is valid from February 28, 2007 and is effective upon acceptance by new registering users and is otherwise effective on October 17, 2006 for all users that have previously registered with Linklift.

Collection and Storage

You can browse the Site without telling us who you are or revealing any personal information about yourself. However, once you give us your personal information, you are no longer anonymous to us.

If you choose to provide us with personal information, you expressly consent to us transferring that information to, and storing it on, servers located in Germany. As part of this process we will transfer your personal information to Linklift Ltd., Deutschland. The laws on holding personal data in Germany may be less stringent than the laws applicable to Italy, but we will transfer and store your information in a safe, confidential and secure environment.

We may collect and store the following personal information about you:

• email address, the password (you picked for logging onto the Site), physical address, telephone number and other contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account details;
• transactional information based on your activities on the Site (such as information on your buying and selling activities, website descriptions and other content you generate or information that relates to your account);
• postage, billing and other information you provide to purchase or post an item;
• correspondence through the Site, correspondence sent to us and feedback;
• computer sign-on data, statistics on page views, information and statistics on traffic to and from the Site (including the URL you just came from and the URL you go to next, whether they are URLs on the Site or not), advertising data, IP address, browser information and standard web log information; and
• supplemental information from third parties (for example: (a) if you incur a debt to us, we will generally conduct a credit check by obtaining additional information about you from a credit reference agency, as permitted by law; (b) if the information you provide cannot be verified, we may ask you to send us additional information, or to answer additional questions to help verify your information.); (c) if you use a third party website providing a service for Linklift, or use a website that facilitates your activity on Linklift, that website may provide personal information about you and your transactions back to Linklift.

Use by Linklift

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customised experience.

We may use your personal information to:

• provide the services and customer support you request;
• collect fees, and troubleshoot problems;
• prevent potentially prohibited or illegal activities, and enforce the User Agreement;
• customise, measure, and improve our services and the Site's content and layout;
• tell you about our existing products and services, changes to our existing products and services, new products and services and promotional offers based on your notification preferences; and
• compare information for accuracy and verify it with third parties.

If you do not wish to receive marketing communications from us, we encourage you to notify us immediately. Please note that you cannot opt out of receiving administrative information that you need to know in order for us to provide you with our services.

Marketing by Third Parties

We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. However, we may aggregate your personal information with information on other users and information we collect from other companies (such as demographic data) and disclose such aggregated, non personal information to advertisers and other third parties.

Our Disclosure of Your Information

We may disclose your personal information to:

• other Linklift users, whether located within Italy or abroad. For example, where you are involved in a transaction with another user, the other user may view your email address and obtain your contact information and postal address to help complete the transaction;
• Linklift Ltd., Deutschland for the purpose of providing the Linklift services;
• our parent companies, subsidiaries and other companies within the Linklift Ltd. group to help detect and prevent potentially illegal acts, or to provide joint services;
• service providers under contract who provide elements of our services, provide separate services that are complimentary to your use of the Site or otherwise help with our business operations (such as fraud investigations, payment collection, IT and Internet Services (e.g. Hosting), affiliate and rewards programmes and marketing activities);
• other third parties to whom you explicitly ask us to send your information, or about whom you are otherwise explicitly notified and consent to when using a specific service;
• law enforcement agencies, other governmental agencies or third parties in response to a request for information relating to a criminal investigation, alleged illegal activity or any other activity that may expose us, you or any other Linklift user to legal liability. The personal information we disclose may include your User ID and User ID history, name, city, country, telephone number, email address, complaints or anything else that we deem relevant;
• other business entities, should we plan to merge with, or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this Data Protection Policy with respect to your personal information. If your personal information will be used contrary to this Data Protection Policy, you will receive prior notice.

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from Linklift users who attempt to carry out fraudulent or illegal activities on the Site, we will not otherwise disclose your personal information to other Linklift users or third parties without a court order (or in circumstances where we are under a substantially similar legal obligation), except when we believe in good faith that the disclosure of such information is necessary to prevent imminent physical harm, property damage or financial loss or to report or put a stop to suspected illegal activity.

Cookies

On the Site, we use "cookies" (small files placed on your computer's hard drive) as "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. In our affiliate program, we use cookies so as to track an remunerate our affiliate partners. These affiliate cookies expire in either 30 or 60 days, depending on the affiliate program. You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of the Site.

Account Protection

Your Linklift password is the key to your Linklift account. Use unique numbers, letters, and special characters and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account, including actions that result in fees being charged to your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

When you re-visit the Site from a computer that you have used to access the Site previously, certain information about you may be visible before you log in, such as your User ID or information relating to your Linklift activities (for example, details of items that you are bidding on or "watching"). In addition, reminders from Linklift may also be visible. Therefore, if you access the Site from a shared computer or a computer in an internet café, such information and reminders may also be visible to other individuals who use the computer after you.

Accessing, Reviewing and Changing Your Personal Information

You can see, review and change most of your personal information by logging into the Site and going to the "My Account" section. You must promptly update your personal information if it changes or is inaccurate. Upon your request, we will close your account and remove your personal information as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts in order to comply with legal obligations, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce the User Agreement, and take other actions as permitted by law.

Security

We use standard industry practices, including encryption, passwords and physical security, to protect your personal information against unauthorised access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Third Parties

Except as otherwise expressly included in this Data Protection Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to third parties, whether they are advertisers or publishers on the Site or other websites throughout the Internet, different rules may apply to their use or disclosure of your information. We do not control the privacy practices of such third parties and we encourage you to read their data protection policies and ask questions before you disclose your personal information to them.

General

We may amend this Data Protection Policy at any time by posting the amended terms on the Site. All amended terms shall take effect automatically 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your notification preferences.

If you have any questions about this Data Protection Policy, please contact Linklift Customer Support.