URL PROMOTER TERMS AND CONDITION
(Effective as of 06/05/2018)
Welcome to the URL Promoter website and/or its affiliates that provide website features and other products and services to you when you visit or shop at www.URLPromoter.com, use any URL products or services, use URL promoter applications for mobile, or use software provided by URL Promoter in connection with any of the foregoing (collectively, "URL Promoter Services"). URL Promoter provides these Services subject to the following conditions
URL Promoter respects the privacy of all its website users. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
TERMS GOVERNING SERVICE USE
Please endeavor to review the following terms carefully. By accessing or using the URL Promoter platform or services, you signify your agreement to these Terms and condition. If you do not agree to these Terms, you may not access our website or use the URL Promoter platform or Services. We offer a wide range of Services, and sometimes additional terms may apply.
When you use the URL Promoter Service (for example, Gift Cards, Your Profile, URL Video, Your Media Library, devices, or mobile applications) you also will be subject to the guidelines, terms and agreements applicable to that particular Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
The Terms of Service is a legal contract between the user using the URL Promoter Service ("you") and URL Promoter ("Company," "we," "us," or "our"). As referenced in this terms, "Site" means the website operated by URL Promoter and currently located at www.URLPromoter.com, as it may be relocated, updated or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into that website.
When you use apps created by URL Promoter, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
When you sign up for the Service, URL Promoter may need to send you SMS or Push Messages in order to confirm your phone number or keep you informed about your Job, or a GP may be performing for you. Some of these messages may be necessary for the fulfilment of the Service and cannot be opt-ed out of.
Depending on your current phone carrier plan, you may incur Fees for these SMS or Push Messages, and agree to not hold the Company liable for any Fees incurred.
When you use URL Promoter Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other URL Promoter Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THE BASES ON WHICH WE PROCESS INFORMATION ABOUT YOU
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.
If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE URL PROMOTER PRODUCTS AND WEBSITE
You need to be at least 18 years old to register for and use the URL Promoter products & website. URL Promoter content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to URL Promoter you are representing that you are eighteen (18) years of age or older.
He/she must have to create a personalized account in our website which includes a unique username and password to access the URL Promoter website and to receive promotional messages from URL Promoter.
You agree to notify us immediately of any unauthorized use of your password and/or account. However you agree that URL Promoter will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalized experience and the website owner with statistics about how you use the website so that it can be improved.
REVIEWS, COMMENTS, COMMUNICATIONS, ONLINE CONTENT DISCLAIMER
URL Promoter takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over this website. Under no circumstances will URL Promoter be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the website, or transmitted to users. Opinions, advice, statements, offers, or other information or content made available through URL Promoter website, but not directly by URL Promoter are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. URL Promoter does not guarantee the accuracy, completeness, or usefulness of any information on the website and neither does URL Promoter adopt nor endorse, nor is responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than URL Promoter website.
Though URL Promoter strives to enforce these Terms and condition you may be exposed to User Content that is inaccurate or objectionable. URL Promoter reserves the right, but has no obligation, to monitor the materials posted in the public areas of URL Promoter website or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms and condition or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.
URL Promoter shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our website and contents, please contact us firstname.lastname@example.org
LINKS TO OTHER SITES AND/OR MATERIALS
As part of URL Promoter services, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”) these links are provided as a courtesy to products subscribers. URL Promoter has no control over such Sites and Third Party Applications, Software or Content or the promotions, materials, information, offers or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by URL Promoter;
So therefore URL Promoter is not responsible for any Third Party Sites accessed through our website or any Third Party Applications, Software or Content posted on, available through or installed from URL Promoter website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by URL Promoter.
If you decide to leave URL Promoter website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
Hence, you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our website or relating to any applications you use or install from the supposed site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
The date of your notification;
Counter-Notices: If you believe that your User Content that has been removed from the URL Promoter website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by URL Promoter copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 30 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in URL Promoter discretion) be reinstated on our website in 20 to 30 business days or more after receipt of the counter-notice.
URL Promoter may update our Pricing Schedule from time to time on a going-forward basis. We reserves the right to determine final prevailing pricing - please note the pricing information published on the URL Promoter website may not reflect the prevailing pricing, and hourly fees may not include booking, additional time, parts, or variable supply charges. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.
All content included in or made available through any URL Promoter Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of URL Promoter or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any URL Promoter Service is the exclusive property of URL Promoter and protected by U.S. and international copyright laws.
RISK OF LOSS
All purchases of physical items from URL Promoter are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
By posting any User Content via URL Promoter website, you expressly grant, and you represent and warrant that you have a right to grant, to URL Promoter a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with URL Promoter website and products.
RETURNS, REFUNDS AND TITLE
URL Promoter does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, URL Promoter does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.
Click here to see a non-exhaustive list of URL Promoter trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any URL Promoter Service are trademarks or trade dress of URL Promoter in the U.S. and other countries. URL Promoter trademarks and trade dress may not be used in connection with any product or service that is not URL Promoter, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits URL Promoter.
All other trademarks not owned by URL Promoter that appear in any URL Promoter Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by URL Promoter.
URL Promoter attempts to be as accurate as possible. However, URL Promoter does not warrant that product descriptions or other content of any URL Promoter Service is accurate, complete, reliable, current, or error-free. If a product offered by URL Promoter itself is not as described, your sole remedy is to return it in unused condition.
You acknowledge and agree that URL Promoter and our licensors retain ownership of all intellectual property rights of any kind related to URL Promoter website, including applicable copyrights, trademarks and other proprietary rights. Other contents link and company names that are mentioned on URL Promoter website may be trademarks of their respective owners. URL Promoter reserves all rights that are not expressly granted to you under this Agreement.
Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the URL Promoter and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the URL Promoter or third party owner.
The URL Promoter respects the copyright, trademark and all other intellectual property rights of others. The URL Promoter has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and condition.
If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify us at email@example.com . Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on URL Promoter and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on URL Promoter.
With respect to items sold by URL Promoter, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by URL Promoter is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
You agree to provide URL Promoter updated information regarding your credit or debit card and account upon URL Promoter’s request and any time the information earlier provided is no longer valid.
One or more patents owned by URL Promoter apply to the URL Promoter Services and to the features and services accessible via the URL Promoter Services. Portions of the URL Promoter Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable URL Promoter patents and applicable licensed patents.
You may provide URL Promoter with information and feedback regarding the features and performance of our Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the "Feedback"). Feedback provided to us may be used to improve our Services, and accordingly, you hereby grant URL Promoter a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, URL Promoter or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the URL Promoter Services. This license does not include any resale or commercial use of any URL Promoter Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any URL Promoter Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by URL Promoter or its licensors, suppliers, publishers, rights holders, or other content providers. No URL Promoter Service, nor any part of any Promoter Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of URL Promoter. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of URL Promoter without express written consent. You may not use any Meta tags or any other "hidden text" utilizing URL Promoter name or trademarks without the express written consent of URL Promoter. You may not misuse the URL Promoter Services. You may use the URL Promoter Services only as permitted by law. The licenses granted by URL Promoter terminate if you do not comply with these Conditions of Use or any Service Terms.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through URL Promoter e-mail and messaging system, will not constitute legal notice to URL Promoter or any of its officers, employees, agents or representatives in any situation where notice to URL Promoter is required by contract or any law or regulation
TO USE CERTAIN SERVICES
You may need your own URL Promoter account to use certain Services, and you may be required to be logged in to your account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. URL Promoter does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.
If you are under 18, however, you may use the URL Promoter Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their URL Promoter Household. Alcohol listings on URL Promoter are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. The URL Promoter reserves the right to refuse service, terminate accounts, terminate your rights to use URL Promoter Services, remove or edit content, or cancel orders in its sole discretion.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from URL Promoter in an electronic form via the email address you have submitted; and (b) agree that all Terms and condition, agreements, notices, disclosures, and other communications that URL Promoter provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
URL Promoter may also use your email address, to send you other messages, including information about URL Promoter features and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org
Opting out may prevent you from receiving messages regarding URL Promoter products or special offers.
SANCTIONS AND EXPORT POLICY
You may not use any URL Promoter Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using our Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Software), technology, and services.
Parties other than URL Promoter operate stores, provide services or software, or sell product lines through the URL Promoter Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). URL Promoter does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
GENERAL AND PROHIBITIONS
You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with your (or their) use of the Service:
1. circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the Service;
2. copy, modify or distribute the computer code used to generate web pages on the Service (other than as may be expressly permitted under a separate license agreement);
3. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
4. engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses, wireless addresses, content available through the Service, including Content, other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service;
5. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
6. When a user uploads on the URL Promoter website, He/she needs to select number of traffic (number of total people clicks). Minimum traffic number that uploader can choose is 200.
7. If uploader wants 1000 traffic, then the uploader needs to pay 1000* commission rate in advance.
8. User’s earnings will be increased if he/she promotes the link that is uploaded by uploaders.
9. When user request the balance withdrawal, it will take approximately 4-5 working days but sometime it can take more if there are too many requests.
10. Commission rate will vary and updated from time to time.
12. If you upload porns or other website that can harm children/people, your account could be suspended. Furthermore, we have no responsibilities if you upload other’s website without their permissions.
13. URL Promoter can suspend any user’s account if the user is considers to harm URL Promoter business.
14. URL Promoter has no responsibility for contents of website links.
15. If promoter upload the link and click the link by him/herself intentionally to increase number of clicks, then the account could be suspended.
16. If promoter uses robot or contractors or share links with people to click the link intentionally to increase number of clicks, then the account could be suspended.
17. If you make more than two URL Promoter IDs intentionally to make higher balance, your account could be suspended.
18. If you upload other’s URL on URL Promoter without getting their permissions, your account could be suspended. URL Promoter will not compensate any losses that you had when you upload other’s URL on URL Promoter.
19. ‘Standard URL’ is the URL that is uploaded from bonus, whereas ‘Premium URL’ is the URL that is uploaded from balance or actual payment. User will receive URL Promoter ‘Bonus’ by promoting ‘Standard URL’. Any bonus cannot be withdrawn
20. User balance will be increased by promoting ‘Premium URL’. Balance can be withdrawn after $30.
21. send unsolicited email, bulk email, junk mail, spam or chain letters, or promotions or advertisements for products or services, including without limitation those which are designed to promote, directly or indirectly, a product or service with which you have a business relationship or other commercial connection;
22. in any way use the Service to send altered, deceptive or false source-identifying information;
23. As we are a platform provider, we will not compensate any loss that you had from uploader or promoter.
24. access or search the Service with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by URL Promoter or other generally available third party web browsers;
25. decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
26. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site or the Service;
27. impersonate or misrepresent your affiliation with, or your lack of affiliation with, any person or entity;
28. use the Service in violation of URL Promoter or any third party's intellectual property or other proprietary or legal rights;
29. URL Promoter can adjust user’s balance for various reasons. For example, if user’s balance was increased by promoting ‘Standard URL’, we can shift the earnings from balance to bonus;
30. upload, post, email, transmit or otherwise make available materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE URL PROMOTER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE URL PROMOTER SERVICES ARE PROVIDED BY URL PROMOTER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. URL PROMOTER MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OUR
SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THEURL PROMOTER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE URL PROMOTER SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, URL PROMOTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. URL
PROMOTER DOES NOT WARRANT THAT THE URL PROMOTER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE URL PROMOTER SERVICES, URL PROMOTER SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM URL PROMOTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, URL PROMOTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY URL PROMOTER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
LIMITATION OF LIABILITY AND RELEASE
To the extent permitted by applicable law, the URL Promoter disclaims all liability to you in connection with the URL Promoter performance under these Terms and Conditions, including but not limited to liability for loss of profits and other consequential losses. Except in the case of death or
personal injury caused by the URL Promoter negligence, the liability of the URL Promoter under or in connection with these Terms and Conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Fees paid by you to URL Promoter in the last six months under these Terms and Conditions.
Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the URL Promoter and you.
LIMITS UPON EXCLUSIONS OF LIABILITY
Nothing in this disclaimer will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law .
TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE
If you violate any of the Terms of Service, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any account(s) you may have in connection with the Service:
For any reason or no reason at all;
Where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of URL Promoter or any third party; or in connection with any general discontinuation of the Service.
We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate this Agreement, and your account, at any time by contacting customer service at email@example.com
The URL Promoter website includes interactive features that allow users to communicate with us.
You acknowledge that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
Any assistance you may receive using our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
Any dispute or claim relating in any way to your use of any URL Promoter Service, or to any products or services sold or distributed by URL Promoter or through urlpromoter.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, address. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, URL Promoter will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
MODIFICATION OF TERMS AND CONDITION
URL Promoter can amend these Terms and condition at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check URL Promoter website from time to time to view any such changes in the Agreement. If you continue to use URL Promoter website, you signify your agreement to our revisions to these Terms and condition. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.
For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of URL Promoter rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of URL Promoter. No purported waiver or modification of this Agreement by URL Promoter via telephonic or email communications shall be valid.
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless URL Promoter and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the URL Promoter Entities) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable solicitors' and accounting fees and costs, arising out of or in any way connected with
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of URL Promoter to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship URL Promoter must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. You may not assign or transfer the Terms of Service or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent.
We may assign the Terms of Service at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
In the event that any part of the Terms of Service is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Our liability to you in respect of the Jobs will not exceed the total price paid by you for the Jobs, whether such cause of action is brought in contract, tort, warranty or otherwise. Notwithstanding the above, nothing in these Terms and Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence.
ADDITIONAL MOBILE SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with the URL Promoter Services
The business logic and model will be protected under Url promoter's intellectual property which cannot be copied or disclosed to others. If you copy or disclose any of Url promoter's intellectual property or idea, we can charge back on you regarding not only the value of the intellectual property but also the consequent losses that is or may occurred due to the disclosure.
Furthermore, you agree to own the obligation to pay taxes by yourself. We have no responsibility regarding your tax issues.
Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Copyright (c) 2018(s) of first publication URL Promoter
Subject to the express provisions of these terms and conditions:
LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of New Zealand, US, UK, and any country law, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in New Zealand and your present location of using this website.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
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