Terms of Service
THE FOLLOWING DESCRIBES THE TERMS ON WHICH Link Sellers OFFERS YOU ACCESS TO OUR SERVICES.
PLEASE READ!
Thank you for taking the time to read the Link Sellers User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at Link Sellers. If you have any questions please contact chris@link-sellers.com
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. This agreement was last revised on August 7, 2010, but you are reminded to please check back from time totime to be sure you are complying with the current version.
Important rules and requirements.
1.1 Overview.
Our site facilitates relationships between text link buyers and sellers. We are involved in the actual transaction between buyers and sellers, buy may not have complete authority over every site within the network. As a result, we will not be held liable for the quality, safety or legality of the items advertised, the truth or accuracy of the content on each site, the ability of sellers to sell items or the ability of buyers to buy items. We make no guarantees of any kind, and are not liable for any losses, personal, monetary, or otherwise, that result from use of the service.
1.2 At your own risk: Everything done through this site is entirely at your own risk. You agree that Link Sellers takes no responsibility, and their respective sole-traders, directors, officers, employees, agents and consultants shall have no liability including to any person by reason of negligence or negligent misstatement for statements, opinions, information or matters (express or implied) arising out of, contained in or derived from or for any omissions related to this services performed and/or the strategies delivered hereunder, except where liability under statute cannot be excluded. Link Sellers gives no warranties as to the content, safety, description or legality of the items that are listed on the network of sites, or the ability of members to complete a transaction. Buyers agree to hold Link Sellers harmless should Seller’s activity be in any way be improper, either with regard to the link or with regard to the sale of the link.
1.3 Disclaimer: You expressly understand and agree that:
a. Your use of the services provided by Link Sellers and members of the Link Sellers network is entirely at your own (or your business or companies) risk. Link Sellers and their respective directors, officers, employees, agents and consultants shall have no liability including to any person by reason of negligence or negligent misstatement for statements, opinions, information or matters (express or implied) arising out of, contained in or derived from or for any omissions related to this services performed and/or the strategies delivered hereunder, except where liability under statute cannot be excluded.
Link Sellers expressly disclaims all conditions or warranties, which would otherwise be implied into these terms and conditions, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. Link Sellers makes no warranty that i) the services provided will be uninterrupted, timely, secure, or error free, ii) that the information provided on the web site is error-free or reliable, iii) the quality of any items obtained pursuant to the services provided by Link Sellers will meet your requirements.
c. No advice or information that is obtained by you from Link Sellers or any member of the Link Sellers network or otherwise shall create any warranty not expressly stated in the Terms and Conditions.
d. You hereby agree that Link Sellers is not responsible for any loss or damage however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this web site or any linked web site nor are we responsible for any such loss arising out of your use or reliance on information contained on or accessed through this web site, nor are we responsible for the conduct of other members or third parties.
e. You agree that there are no warranties in relation to items sold or listed pursuant to the services provided by Link Sellers. You acknowledge that we make no representation as to the ownership of title in items listed or sold, or as to the ability of either a buyer or seller to complete a transaction.
Fees and Services
2.1 Registering your interest with Link Sellers is free, but sites who inquire for inclusion in partnership, affiliation, or any other kind of relationship, are subject to the discretion of the Link Sellers team, which can add or remove a site at any time, for any reason. We may change our Fees Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least five (5) days notice of the changes by posting the changes on the company blog. However, we may choose to temporarily change our Fees Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the site. You consent that you accept all fees charged by Link Sellers. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. All fees are quoted in U.S. Dollars, unless otherwise noted. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
2.2 Safe Trading. Because user authentication on the Internet is difficult, Link Sellers cannot and does not confirm each webmasters purported identity, and as such, will be held blameless.
2.3 Release. In the event that you have a dispute with a webmaster within our network of sites, you release Link Sellers (and its officers, directors, agents, subsidiaries and employees) from 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.
2.4 Information Control. We do not control the information provided by other members which is made available through our system. You may find information provided by other members to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense, and practice safe trading when using the services provided by Link Sellers . Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Service Availability
3.1 Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended Link Sellers members.
5.3 Fraud. Link Sellers will not be held accountable for any fraudulent activity in connection with our site.
5.4 Manipulation. Link Sellers will not be held accountable for any types of manipulation that take place.
Your Information
“Your Information” is defined as any information you provide to us or other webmasters in the network during registration or listing process, in any public message area or through any email feature.
With respect to Your Information:
6.1 Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for sale but are priced lower than your item’s reserve or minimum bid amount; (cc) are concurrently listed for on a web site other than Link Sellers ; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee (if applicable), could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our good common sense.
6.2 Solely to enable Link Sellers to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Link Sellers will only use Your Information in accordance with our Privacy Policy.
Access and Interference
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Link Sellers site or any sale being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Some of the information on our site may be updated on a real time basis and is proprietary or is licensed to Link Sellers by our members or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Link Sellers or the appropriate third party.
Link Sellers Communications Policy
Link Sellers has a no-spam policy; however, email communication with members is critical to site operations. You should expect to receive Link Sellers news and updates on an as-needed basis. If you choose to opt-out of all email communications, you will need to log into the site on a regular bases to track your ads and postings and other important web site communications.
Feedback
You may not take any actions that may undermine the integrity of Link Sellers. All communications between persons who have any relationship with Link Sellers shall be respectful and professional. Your membership to Link Sellers is conditional, and can be revoked at any time for any reason.
8.1 Export. You acknowledge that your feedback consists of comments left by other members and a composite feedback number com piled by Link Sellers, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Link Sellers members, you agree that you shall not market or export your Link Sellers feedback rating in any venue other than Link Sellers.
8.2 Import. We do not provide the technical ability to allow you to import feedback from other websites to Link Sellers because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our members or us.
Privacy
Link Sellers is dedicated to building trust in the Internet. Our current Privacy Policy can be found in the privacy section.
No Warranty
WE PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT YOUR SATISFACTION WITH THE PURCHASED LINK(S) OR ANY RANKINGS THEREOF. BUYERS ENGAGE IN THE ACTIVITY AND THE PURCHASE OF LINK(S) AND OR LINK BUILDING SERVICES ENTIRELY AT THEIR OWN RISK. THE PAGERANK VALUE OF SITES AND PAGES MAY CHANGE – YOU ARE RESPONSIBLE FOR CHECKING THE PAGERANK OF THE LINKS YOU PURCHASE AT ALL TIMES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Liability Limit
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of copyright infringement, trade secret misappropriation, trademark infringement, or your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
“Without limiting the foregoing, under no circumstances shall Link Sellers be held liable for any delay or failure in the completion of an sale, resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or lack of sale completion due to loss or fluctuations in heat, electricity, or air conditioning.”
Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency
You and Link Sellers are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Link Sellers Attn: Legal Issue 2/16 Bannerman Street, Cremorne,
Australia, 2090. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Link Sellers, which is your responsibility to provide.
In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the relevant industry body in Australia. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Australia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Link Sellers may seek any interim or preliminary relief from a court of competent jurisdiction in Australia necessary to protect the rights or property of you or Link Sellers pending the completion of arbitration.
Additional Terms
9.1 Our Privacy Policy
Our Privacy Policy is available on the Link Sellers website at http://www.link-sellers.com/privacy/ (here) and can change at any time for any reason.
9.2 Our Refund Policy
Refunds will be awarded entirely at the discretion of the Link Sellers team. If a refund is declined, a reason will be provided which can then be discussed.
Note: This site reserves the right to revise any membership rules at its discretion, so check back from time to time to be sure you are complying with the current version.
General
This Agreement shall be governed in all respects by the laws of the State of New South Wales as such laws are applied to agreements entered into and to be performed entirely within Australia between Australian residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
By entering into an agreement with Link Sellers, you agree that Link Sellers cannot be held accountable for any damages resulting from the use of our services. You willingly accept this, and acknowledge that Link Sellers will be held blameless for any changes, positive or negative, in search rankings, brand reputation, or anything else. You use our services entirely at your own risk.
Link Sellers also reminds you that factors outside of our control may change the value of the text link ad. As such, you agree to be bound by the original terms of the agreement and hold Link Sellers blameless.
Disclosures
The services hereunder are offered by Link Sellers, located at 1/1 Nook Avenue, Neutral Bay, Australia 2089. You may request information from Link Sellers to be sent by standard mail if you are located in Australia. Fees for our services are described in our Pricing section.
By entering into an agreement with Link Sellers, you confirm that you have read and fully understand these Terms and Conditions and agree to them, as well as the Privacy Policy located at http://www.link-sellers.com/privacy-policy/