Sign Up | Login Home | About Us | Contact Us | Learn More

Terms of Service and Website User Agreement

Please read the following Website User Agreement carefully before using this website.

This Web Site User Agreement ("Agreement") is entered into by the User and LINKSALE LLC ("LINKSALE"), a Company incorporated in USA, having its registered office at 12400 Hwy 71 West Suite 350-141 Austin, Texas 78738, USA. The LINKSALE Site ("Site") http://www.linksale.com is comprised of various web pages, tools, information, software, content, software, and features operated by LINKSALE as part of its link network business concept.

LEGAL AGREEMENT

By entering the Site and / or any page accessible on the Site and / or by posting a link on the Site or dealing with LINKSALE in any way through the Site, the User accepts, without limitation or qualification, to be bound by the terms of this Agreement. This Agreement sets forth the terms and conditions under which the User uses the Site and under which LINKSALE agrees to the use of the Site.

If the User does not wish to be bound by the terms the User should not access or use the website.

1. SCOPE OF THE SITE

The Site is an online networking community that connects its members and enhances their web visibility and search engine standing through multiple link networking and through a variety of services that it provides to its members.

2. LIMITATIONS

LINKSALE's responsibilities are limited as below:

  1. The links are posted not by LINKSALE, but by other users of the Site. User understands and agrees that LINKSALE has no control over the quality, safety or legality of the links posted, or the truth or accuracy of the links or the information provided in such links. The reliability, availability and performance of resources accessed on these links are beyond LINKSALE's control and are not in any way warranted or supported by LINKSALE. The User agree that LINKSALE cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
  2. LINKSALE is not responsible for access by any users, neither the User nor minors, to objectionable or offensive information or data. The User agree that use of the Site and the Internet, without limitation, is solely at his own risk and is subject to all applicable local, state, national and international laws and regulations.
  3. The User agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information the User transmit over the Internet. LINKSALE is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data. The User further understands and agrees that LINKSALE has no control over third party networks or sites that the User may access in the course of use of the Site, and that delays and disruptions of other network transmissions are completely beyond the control of LINKSALE.
  4. LINKSALE provides the Site as a platform for networking, but does not directly participate in, nor is it involved in any networking transactions. The User understands and agrees that LINKSALE cannot guarantee that the links will increase the User's search engine ranking.
  5. LINKSALE provides link networking on the Site as a service to enable the User to connect with other Users. The User understands and agrees that LINKSALE cannot guarantee that search engines shall not blacklist your site due to your affiliation with the Site. The User further agrees that LINKSALE shall not be liable for any such action against the User.
  6. The Site is intended solely for private and personal use on the user's computer. Any other use or any attempt to use the Site in any way that violates any law, rule or regulation for the time being in force, or for any other commercial or other purposes is strictly prohibited and the User understands and agrees that LINKSALE shall not be responsible for the same. The Site is not intended to be available to places or for purposes in which its use is illegal or otherwise prohibited.
  7. The User is responsible for researching and complying with any applicable laws, regulations or restrictions on links, or items or services described or offered in links, or manner of link networking in which they participate.
  8. User understands and agrees that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. The user is encouraged to communicate directly with a link network contact to help evaluate the person.
  9. The User understands and agrees that LINKSALE is not responsible for the actions other Users takes, before, during, and after posting links in your network, typographical errors, misprints or other typos, loss of merchandise/money, damage or failure of equipment, due to the User's visit to the Site.
  10. The User acknowledges that LINKSALE shall be the final decision maker of whether the User have violated the Agreement in a manner that results in his suspension or permanent barring from participation in the Site.

3. REGISTERED USERS

The use of the Site and services is limited to parties who can enter into and form legally binding contracts under applicable law. Minors (those under 18) are prohibited from using the system and services. Wherever the User is asked to provide information in connection with the website, the User agrees to provide true, accurate, current and complete information when registering, as registration indicates acceptance of this Agreement. The User is not obliged to provided, the Site with any optional information requested. LINKSALE reserves the right to refuse use of the system and services to anyone at any time for any reason without notice.

4. WORKING OF THE SITE

A user of the Site may perform various transactions including:

  • Registering with and setting up a link network within the Site for one-time payment
  • A monthly payment for ongoing membership and benefits
  • Posting link / links on your site as specified in your user account
  • Specifying user and link details for your account for sharing with other users
  • Inviting other users (referees) to the link network
  • Posting messages in a Forum
  • Usage of chat area
  • Usage of internal email system for communication with potential users

The Site shall pay a single level referral fee for all referees who are referred to the network by the User. Referees must be specified at the time of referee sign-up to be eligible for a referral bonus. The Site shall not pay the referral fee for multiple level referrals after the first single level. The User understands and agrees that he shall gain advantage out of the multiple level referrals that link to his website links.

User is entitled to a 30-day money back guarantee and shall receive a full refund of the registration fee on placing a request for the same on the Site citing cogent reasons for the same. Such refund shall not be issued to the User in case of any abuse of his privileges granted by the Site or any illegal action on the Site such as those detailed below. On receiving such refund and cancellation of membership, the User link in the network shall be replaced with another site link and he shall lose all privileges associated with his registration within the Site.

A user is welcome to post links on the Site. A user shall not post links containing pornographic material, or that contain obscene or rude postings, or details of illegal merchandise, including pirated software and music, rebates, coupons, or other items illegal or not available for resale, or illegal services. The user cannot use spam to solicit referees.

Links that are posted are subject to review by LINKSALE, and shall be removed without prior notice, if in violation with the Agreement. LINKSALE also reserves its right to cancel the User account and keep any monies owed to the User.

Any ongoing link networking may be cancelled, if LINKSALE determines that it is necessary to do so to comply with any of the rules, terms and conditions of the Site, or to comply with any law, rule, regulation or order applicable to LINKSALE, to the Site or to any user on the Site, or to prevent fraud or abuse.

On such termination of an ongoing link networking, all amounts due to, and deposited in the Site account of, the User as referral fees, shall be nullified and returned to the Site.

5. SECURITY

By signing up on or otherwise posting links on the Site or opening an account with the Site, the user authorizes LINKSALE to, at any time and from time to time, confirm the user's identity and take steps to validate the financial transactions the user performs on the Site. To help these security checks, the user agrees to provide LINKSALE with identification or other information or documents as LINKSALE requests.

User information includes any information provided by the user to LINKSALE or other users during the registration, or listing process, in any public message area or through any email feature.

The user is solely responsible for user information, and the Site acts as a passive conduit for online distribution and publication of user information. However, LINKSALE reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion if it believes it may create liability for it or may cause it to lose (in whole or in part) the services of its ISPs or other suppliers.

User information and the linking of the user's link on the Site: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain child pornography or other pornographic or indecent material; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

The user agrees to grant LINKSALE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) the user has in user information, in any media now known or not currently known.

The User shall not use any device, software or routine to undermine the usability or interfere or attempt to interfere with the proper working of the Site or any sale being conducted on the Site. The User shall not take any action which imposes an unreasonable or disproportionately large load on the Site infrastructure. Unauthorized use of or sharing of passwords or user accounts is strictly prohibited.

6. RIGHT TO CHANGE, MODIFY OR TERMINATE SITE

Without prejudice to any other rights that it may have, LINKSALE reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. The User will be deemed to have accepted any modifications, if the User continues to use the website after they have been posted.

In the event the User or LINKSALE terminate this Agreement, the User must immediately stop using the Site. LINKSALE shall terminate membership and any of current accounts immediately if the User commits breach of this Agreement or if LINKSALE is unable to verify or authenticate any information the User provide to it.

7. CHANGES TO AGREEMENT

LINKSALE reserves the right, from time to time, to amend or change this Agreement (including any of the policies which may be applicable to use of the Site). The User agrees to visit the Site periodically to be aware of and review any such revisions. Changes to this Agreement shall be effective upon posting. By continuing to use the Site after revisions are posted, the User accepts the revisions and agrees to abide by them.

8. INTELLECTUAL PROPERTY RIGHTS

All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Site (including but not limited to, related software and including but not limited to any images, graphic, photographs, animations, video, audio, music, text and "applets," incorporated into the software, and any copies of the software), are owned by LINKSALE, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant the User any rights to use such content, other than the right to use the Site according to the terms of the Agreement.

9. WARRANTIES

The User's use of LINKSALE is at his own risk. In the event the User has a dispute with one or more users, the User shall release LINKSALE (and its agents and employees) from all claims, costs, expenses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of the User's entry onto the Site, posting of any links, any misinformation that the User provides to the Site, any action that the User takes in violation of any of the rules, terms or conditions of the Site, participation in any other activity on or made available to the User through the Site, the use of the Site's software, or receiving referral fees, or other such incentives from the Site or sponsors, or in any way connected with such disputes.

The User acknowledge that any warranty that is provided in connection with any of the links made available on or through LINKSALE is provided solely by the referee who posted such link and not by LINKSALE.

By opening, maintaining and using an account, the User represents and warrants that he is not a resident of any jurisdiction which does not allow the services provided by the Site to be offered or used.

LINKSALE provides the Site on an "as is," and as available, basis, with all faults, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, non-interference, compatibility of software programs, integration, lack of viruses or other disabling code or condition or those warranties which may arise by course of dealing, or course of trade. Any material downloaded or otherwise through the use of LINKSALE is done at the user's own discretion and risk and the user will be solely responsible for any damage to the user's computer system and lose of data that result from the above.

LINKSALE does not warrant the security of the Site or, information, software, content, and features available, or that it will be uninterrupted, error-free, provided properly or completely, or be available 24 hours per day, 7 days per week.

10. LIMITATION OF LIABILITY

In no event will LINKSALE be liable to any party for (i) any special, direct, indirect, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) or any other damages arising in any way from or in connection with the availability, use, reliance on, performance of the Site, provision of or failure to provide the Site, loss of data, the User access or inability to access or use the Site or the use and reliance on links, information or content available on or through the Site, including viruses alleged to have been obtained, or invasion of privacy from or through the Site, even if LINKSALE has been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise; or (ii) any claim attributable to errors, omissions, or other dysfunction in, or destructive properties of, arising out of or in connection with the use or performance of the Site. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, LINKSALE's liability shall be limited to the maximum extent permitted by law.

11. INDEMNIFICATION

The User agrees to defend, indemnify and hold harmless LINKSALE and its officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Agreement by the User (or any parties who use his computer, with or without his permission, to access the Site); (b) the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by the User (or any parties who use the User's computer to access the Site, with or without his permission); (c) negligent acts, errors, or omissions by the User (or any parties who use his computer to access the Site, with or without his permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Site or the Internet.

12. DATA MANAGEMENT

The User is solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site.

The User is responsible for management of his information, including but not limited to back-up and restoration of data, erasing data from disk space the User control and changing data on his router. The User is also responsible for development and maintenance of any security procedures the User deems appropriate, such as logon security and encryption of data, user ID and password on his router and firewalls, to protect his information.

LINKSALE is not responsible for back-up and restoration of user information or for any loss of or disablement of access to such information, including without limitation, email and address book information. In addition, the User agrees that information required by the Site software (including any personalization information) and other identifying information requested by LINKSALE or its portal supplier may be placed in the Site's user directory.

13. MISCELLANEOUS PROVISIONS

If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

By transmitting, uploading, posting or submitting any information or material using the Site Tools, the User (i) represents that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrants that no other party has rights to the information and that his transmission, posting, uploading or submission of the information does not violate any copyright or other laws.

The Site contains third party links and it is provided by LINKSALE only as a convenience to its users. Any web sites linked to or from the Site are not reviewed, controlled, or examined by LINKSALE and it is not responsible for the contents of any linked site or any link contained in a linked site. In no event shall LINKSALE be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites.

The terms of this Agreement apply only to the use of the Site and do not apply to the use of any other LINKSALE website.

The User and LINKSALE agree that the substantive laws of the State of Texas, USA, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. The User and LINKSALE consent to the exclusive personal jurisdiction of and venue in a court located in Texas, for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this agreement or to the Site. Except as otherwise required by law, including Texas laws relating to consumer transactions, any cause of action or claim the User may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

This Agreement, including all Attachments hereto, which are fully incorporated into this Agreement, and also including all policies and notices incorporated into this Agreement by reference, constitutes the entire agreement between the User and LINKSALE with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. The User agrees not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void. This Agreement may be revised by as mentioned above in paragraph 7. Any terms varying from this Agreement in any written or electronic communication from the User are void.