Breach and Termination of Services
Without limiting other remedies, LinkWorth™ may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate any member or account, forfeit any monies paid, and refuse to provide the Services to you if:
- LinkWorth™ is unable to verify or authenticate any information you provide us
- LinkWorth™ believes that your actions may cause legal liability for you, our members or us
- we find that you are going around the LinkWorth™ system
- you list websites that contain hate or facilitate illegal actions
- you are in breach of any of the membership obligations and conduct as listed in section VI above, or of any terms and conditions contained anywhere herein.
Informal Dispute Resolution
LinkWorth™ may, at its sole discretion, informally resolve any dispute it has with an Advertiser. In the event LinkWorth™ reimburses an Advertiser all or a portion of the fees paid by that Advertiser to LinkWorth™, Partners using LinkWorth's™ services hereby expressly agree that LinkWorth™ shall be entitled to recover from the appropriate Partner all fees paid by LinkWorth™ to that Partner related to the disputed transaction. Thus, Partners hereby expressly agree and consent to LinkWorth™ charging back from their accounts all fees paid to a Partner related to a disputed transaction if LinkWorth™ informally resolves such dispute with an Advertiser and reimburses such Advertiser all or a portion of the fees it has paid to LinkWorth™.
General Practices Regarding Access and Interference
Our software uses robots to crawl Partner websites to ensure advertisements are active. We will not impose large bandwidth usage to any website for any reason undisclosed. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to LinkWorth™ by our users 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 LinkWorth™ or the appropriate third party.
You may not take any actions that could undermine the integrity of the feedback system. All communications between members shall be respectful and professional no matter what the disagreement. Derogatory comments and personal attacks in messages and feedback will not be tolerated and may result in suspension or termination of membership and Services.
Disclaimers of Warranties
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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.
- 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.
- LinkWorth™ makes no warranty that a) the Services provided will be uninterrupted, timely, secure, or error free, b) that the information provided on the web site is error-free or reliable, c) the operation of our site will not be interfered with by numerous factors outside our control, and d) the quality of any items obtained pursuant to the Services provided by LinkWorth™ will meet your requirements.
- We do not accept responsibility 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 do we accept any responsibility for such loss arising out of your use or reliance on information contained or accessed through this web site, nor do we accept responsibility for the conduct of other members or third parties.
- LinkWorth™ does not control the information provided by other users, which is made available through our system. You may find other user's information to be offensive harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
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 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.
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).
Because of the global nature of the Internet, you agree that you will comply with all local rules regarding online conduct and what constitutes acceptable Content. Furthermore, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Service for links purchased and websites receiving payments.
Partners, Advertisers and LinkWorth™ are independent contractors, and no agency, Partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Intellectual Property and Proprietary Rights
You acknowledge that the ownership in any intellectual property rights (including, but not limited to, patents, copyright, rights in databases, trade marks and trade names) in the Site belongs to LinkWorth™ or its third party licensors. Accordingly, any part of this Site (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this Site, meaning that you may only display it on a computer screen and print it out on a printer for the sole purpose of viewing its content in connection with the Services.
Copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by LinkWorth™ or the third party providers of such information. You may use information retrieved from the Site only for the purposes of the Services.
LinkWorth™ reserves the right in accordance with the license granted under clause 7.3 to license and republish the material contributed by you. Any work republished will be properly attributed to the author.
No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:
- distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without LinkWorth™'s or the relevant licensee's prior written permission;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the LinkWorth™ Services without LinkWorth™'s or the relevant licensee's prior written permission;
- display, publish, copy, print, post or otherwise use the LinkWorth™ Services and the information contained therein for the benefit of any other website without LinkWorth™'s or the relevant licensee's prior written permission;
- process or otherwise use the information contained on or within the LinkWorth™ Services for any illegal or immoral purpose nor use or process the same unfairly.
- You agree and accept that LinkWorth™ may publish or otherwise distribute your Information and you therefore grant to LinkWorth™ an irrevocable, perpetual, non-exclusive right and license to publish the Submissions and all content contained therein on or within the Site, on any other media whatsoever and in its own advertising and promotion.
- You therefore hereby undertake to LinkWorth™ to indemnify and hold harmless LinkWorth™ in full and defend at its own expense LinkWorth™ against all claims, liabilities, costs and losses whatsoever and howsoever incurred by LinkWorth™ its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.
- LinkWorth™, and the LinkWorth™ logo are trade names or trademarks of LinkWorth™, the use of which is expressly forbidden by any other persons without the express permission of LinkWorth™.
- LinkWorth™ makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the LinkWorth™ Services please contact LinkWorth™ at the address below.
Intellectual Property Infringement
Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, ranging from newspapers to scientific journals to bulletin boards, it is impossible for LinkWorth™ to know if a posting or other content contribution infringes a third party's intellectual property right and to what degree.
LinkWorth™ accepts no liability for copyright infringement by any of its members, although LinkWorth™ will endeavor to protect any rights owner through appropriate action should any infringement come to light. If you believe that your intellectual property right has been infringed, it is your obligation to notify LinkWorth™ immediately. You must provide LinkWorth™ with the following information:
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- information that describes where on the site the material that you claim is infringing is located;
- your address, telephone number and email address;
- a statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- Notice of Intellectual Property Infringement should be sent to LinkWorth™'s Legal Department at the address listed in Section 22 below.
The Services hereunder are offered by LinkWorth, LLC, located at 417 Oakbend, Suite C1, Lewisville, TX 75067.
General Entire Agreement.
This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. The parties expressly stipulate to jurisdiction and venue in the district or county courts of Dallas County, Texas, or the United States District Court for the Northern District of Texas, Dallas Division, as appropriate. THE PARTIES HEREBY WAIVE TRIAL BY JURY.Waiver and Severability of Terms.
This Agreement is personal to you, and you may not assign your rights or obligations to anyone. You agree that your LinkWorth™ account is non-transferable and any rights to your LinkWorth™ I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.Statute of Limitations.