Terms of Use

LINKWIPER TERMS OF USE FOR WEBSITE, TERMS, AND CONDITIONS FOR PURCHASE OF PRODUCTS AND SERVICES VIA WEBSITE LINKWIPER.COM

Last Updated: 20.Oct.2014

ATTENTION: Please read these Terms carefully as they apply to orders submitted by you for products and services at LinkWiper.com

THESE TERMS AND CONDITIONS (THE “TERMS” OR “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE LINKWIPER.COM WEBSITE AND YOUR PURCHASES OF PRODUCTS AND SERVICES FROM LINKWIPER (“LINKWIPER”, “LINKWIPER.COM”, THE “COMPANY”, “WE”, OR “OUR”). BY ACCESSING OR USING THE WEBSITE LOCATED AT HTTP://LINKWIPER.COM (THE “SITE”), OR BY PURCHASING PRODUCTS AND SERVICES THROUGH THIS SITE, OR BY CONTINUING TO ACCEPT THE SERVICES YOU HAVE BOUGHT, YOU ARE ACCEPTING THE TERMS AND CONDITIONS AND ARE AGREEING TO A LEGALLY BINDING CONTRACT WITH LINKWIPER. THIS AGREEMENT DESCRIBES THE RELATIONSHIP BETWEEN LINKWIPER AND YOU (“YOU”, “YOUR”, THE “CLIENT”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER PERSON WHO YOU REPRESENT AND YOU HAVE THE POWER TO BIND THE ENTITY TO THESE TERMS, THE TERMS “YOU”, “YOUR”, OR “CLIENT” SHALL REFER TO THAT COMPANY. IF YOU HAVE NO SUCH POWER OR YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU SHOULD NOT SUBSCRIBE TO THIS AGREEMENT AND MAY NOT USE THE LINKWIPER.COM SITE OR SERVICES. WE MAY AMEND OR TERMINATE ANY OF THE TERMS OF THIS AGREEMENT AT ANY TIME AND SUCH AMENDMENT OR TERMINATION WILL BE EFFECTIVE AT THE TIME WE POST THE REVISED SITE TERMS. YOU CAN ASCERTAIN WHEN THIS AGREEMENT WAS LAST REVISED BY REFERRING TO THE “LAST UPDATED” LEGEND AT THE TOP OF THIS ACCORD. YOUR CONTINUED USE OF THE SERVICE OR SITE AFTER WE HAVE POSTED REVISED TERMS SIGNIFIES YOUR ACCEPTANCE OF SUCH REVISED TERMS. NO AMENDEMENTS OR CHANGES TO THIS AGREEMENT WILL BE BINDING UNLESS MADE IN WRITING AND SIGNED BY OUR DULY AUTHORIZED REPRESENTATIVE OR POSTED TO THE SITE BY OUR DULY AUTHORIZED REPRESENTATIVE.

SERVICES

1.1. Description

We provide online reputation management and privacy-related products and services (“Services”) for you or someone that you have designated to be the subject of the Services and for whom you will be held strictly responsible (“Named person”). The services are explained on the particular page for each service, which can be accessed at http://linkwiper.com. We may, at our discretion, occasionally change the content or description of our Services in order to reflect changes to the Service offerings and features. This includes, but is not limited to, improving capabilities and capacities; service terms changes in regulatory Needs; and/or any other changes with the intention of improving the efficacy of the Services or better addressing a perceived need among our customers.

1.2. Orders

The online order form, online submission page, and invoice will specify the Services that you are buying. By placing an order you obtain the right to use the Services pursuant to the Terms set onward herein. You must be the person or a certified representative of the Individual or company for whom you have requested our Services. (The “Named person”, or you should otherwise point out and confirm that the person or entity for whom we will perform our Services has consented to your purchase of and our provision of the Services on their behalf. Where the named person you represent is a minor you must confirm that you are the parent or legal guardian of the minor for whom Services are purchased.

1.3. Reputation Advocate

By placing an Order for services, you give permission to us to be your confidentiality and/or reputation advocate. As your reputation advocate, you authorize us to use search engine optimization techniques to suppress unwelcome content and promote welcome content above unwelcome content on Internet Search engines. You also authorize us to contact Third persons including designers or aggregators of private information or Unsolicited content, hosts of private information or unwanted content and other persons who might have power or authority over such Content, and/or take such course of action as we consider suitable to remove or suppress Content of that nature. You give us power to act on your behalf and to identify ourselves as acting on your behalf. You have noted that such contacts and practices may have unpredictable consequences, including but not limited to negative reactions from others.

1.4. Content Publishing

You authorize us to utilize the content, advertisements, logos, photos, trademarks, videos, and other materials provided or identified by you (the “Client Materials”) to create and Issue web content, which includes content representing you or the Named Party on any websites we deem fit for the purposes of providing the Services. In addition, you now confer to us and authorized Personnel in the whole world a royalty-free, fully paid-up, inclusive transferable (in connection with an assignment of the “agreement”), sub-licensable (as necessary to perform the Services), license to make use of, replicate, publicly do, publicly exhibit, publicly show, issue, circulate, make plagiaristic works, and otherwise take advantage of any customer materials as we deem appropriate to perform the Services. You acknowledge and agree that we will possess, subject to any customer material within title, all rights and benefits in and to every contents, materials and/or additional works created by authorship/ ourselves or on our behalf and used in connection with the Services. You recognize and accept that you will possess the title, all rights, and benefits in and to any customer

1.5. Accounts and Domains

To the extent included in the Services you place order(s) and give us power to act on your behalf in creating accounts on other websites in your name/title, or in the name/title of the named person, as we consider advantageous to supply the Services. Use of accounts produced on third-person websites will be governed by the terms of use and privacy policies of such websites.

1.6. Additional Terms

Additional terms and conditions may apply to and govern your purchase of specific products or access to portions of Sites’ features including the downloading of software. Such terms are made a part of these Terms of Use by reference. Where there is a disagreement connecting these terms of Use and the terms posted for or applicable to a specific product or portion or Site’s features, the latter terms shall take precedence.

USE OF SITE AND SERVICES

2.1. Acceptable Use Policy

We do not allow the Site or Services to be used for illegal activities or for activities that we deem improper for any reason whatsoever in our single ruling. We reserve the right to take preventive or corrective actions to protect ourselves and our users from illegal or unacceptable use by every customer. Your use of the services and site is governed by these conditions. Upon your compliance with the rules of conduct set forth herein, any failure to abide by these rules may result in the termination of your access to and use of the Site and Services.

2.2. Website Content

All photographs, graphics, visual interfaces, user interfaces, texts, trademarks, logos, sounds, artwork, and computer code, entailing but not limited to the plan, organization, “look and feel”, and arrangement of the content on the Site (Together, “web content”) is controlled and/or licensed) is by/ to us and is protected by trade dress, trademark laws, copyrights patents and many additional intellectual property and completion laws, except when expressly stated in these Terms of use. No part of the site or website content may be reproduced, publicly exhibited, circulated, translated, posted, or distributed in any way without express consent in writing. You may utilize information regarding our services purposely made available by us for downloading from the Site only for your non-business information functions.

2.3. User Accounts and passwords

Specific features or services provided on or through the Site may require you to open an account (including setting up a LinkWiper.com ID and/or password(s)). You are entirely responsible for maintaining the confidentiality of the information you hold for Your account details which include a login ID and password, and for any/every activity that takes place through your account as a result of your failing to keep this information secure and private. You agree to give us immediate notice of any unauthorized use of your account or password, or any other violation of our security policy.

2.4. Negative Results

The Client is advised and fully understands that he/she has to mark all the search results he/she wants to suppress. Any search result that is not marked by the Client as a negative result may be pushed up by Linkwiper.

PAYMENT FOR SERVICES

3.1. Fees and Auto-Renewal

You agree to pay all fees specified in the agreed order(s). You are responsible for providing us with complete and accurate billing and contact information, and for notifying us of any changes to information of such kind. Apart from orders, no payment commitment can be cancelled and all fees paid are non-refundable. You understand and agree that unless expressly stated in the order our subscription services operate on an auto- renewal basis such that your PayPal account, credit card, debit card, electronic payment, or other method of payment (“Accounts”) will be charged the specified fees at regular intervals based on your subscription program (e.g. weekly, bi-weekly, monthly). The fees for each renewal term will be equal to the fees for the term immediately before. Unless we notify you at least thirty (30) days prior to changing such a renewal fee, you have the legal right to use the accounts and hereby authorize us to charge your accounts for all Services listed on the order(s) for the initial subscription term and each Term renewal. Such fees shall be paid in advance weekly or in accordance with any different billing frequency stated in the applicable order.

3.2. Refund Policy

The periodic fees paid for our Services are not refundable even if the service is terminated. The Company offers no warranty or guarantee that our services will achieve the results that you desire or that were proposed or agreed upon as the desired results at the time the Services were purchased. We provide neither warranty nor guarantee that we will find or communicate to you every example or all examples of internet content about you or the named person. In addition, we will not guarantee or warrant that we will be successful in causing deletion, suppression, or changes (where such is to be done), of any specified internet content concerning you or the Named Party designated as private and/or unwelcome content.

3.3. Taxes

You will be held responsible to pay any applicable taxes related to each Order.

WARRANTIES AND DISCLAIMER

4.1. Warranties

Each of the parties represents and warrants that it has all necessary powers to enter into and perform its obligations under this agreement. You in addition provide representation and guarantee that: (a) All information provided to us is accurate and truthful; and (b) the execution and performance of this Agreement does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound.

4.2 Disclaimers

The company does not give any form of warranty, representation or guarantee that the services will perform exceptionally and produce the desired results or that which was proposed/agreed upon as the desirable results at the time of purchasing the service. In addition, we offer no guarantee or warranty that our company will communicate to you every example of the content on the site concerning you or the named party. We do not provide a guarantee/warranty that we will excel in creation, deletion, suppression, or changes if such actions are taken regarding any internet content concerning you or the named person authorized as confidential and/or unwanted content. Additionally, we do not provide any guarantee that the service will positively change your online reviews and/or scoring. Although our software selects backlinks carefully based on multiple filters to ensure the best backlink profile quality, the checking process is automatic, so in very rare cases some backlinks may be inappropriate for you. In that case we can remove such backlinks manually on request. We take no responsibility of possible reputation or other issues cased by backlink profile. THE SERVICES ARE OFFERRED AS IS AND WE CATEGORICALLY DISCLAIM ON OUR OWN BEHALF AND ON BEHALF OF THIRD-PERSON VENDORS, ANY AND ALLWARRANTIES OF ALL KINDS IN RELATION TO THE SUBJECT MATTER OF THIS AGREEMENT REGARDLESS OF WHETHER EXPRESSED, IMPLIED, OR STATUTORY. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES OF GOOD QUALITY, EXPECTED PERFORMANCE , NON – INFRNGIMENT, TRADEABILITY, OR FITNESS FOR A SPECIFIED FUNCTION. WE DO NOT OFFER A WARRANTY THAT THE SERVICE WILL ADDRESS YOUR NEED OR BE ERROR-FREE, OR THAT THE OPERATION OF SERVICE WILL BE SMOOTH.

4.3. Internet Delays and Site Maintenance

The Services may be subject to limitations, delays, and other problems which are outside of our control and are inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems and we do not give any assurance that the services will be available at all times. We reserve the right to perform any of the listed actions without any prior notice at any time to: (a) Make changes, suspend or end operations of the site or the access in part or whole;, (b) To effect modification or changes on the site or any portion of the Site and any applicable policies or terms; and (c) To interrupt the operation of the Site or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

INDEMNITY

5.1. Indemnity

You accept to indemnify and to both hold harmless and defend us (our officers, directors, employees, agents, and third-party suppliers or affiliates, at your cost) from any and all third- persons claims, actions, proceedings, and suits made against our company/our officers, directors, employees, agents, third-persons, vendors or associates and settle all liabilities, damages, debts, penalties, fines, expenditures (including, with no limit, reasonable attorneys’ charges and other legal costs paid by company or any of our officers, directors, employees, agents, third-party suppliers or affiliates, arising out of or relating to: (a) Your failure to abide by term or condition of this Agreement; (b) Your fraudulent/malicious act; (c) Your breach of laws, rules, or regulations that govern the Services; (d) The revealing of your relationship with us. In the event of such action, we will provide you with a written or electronic notice of claim, suit, or action. You shall cooperate to the maximum as required in the defense of any claim. We reserve the right, at our own expense, to assume the special defense and control of any matter subject to indemnification by you.

LIMITATION OF LIABILITY

6.1. Types of Damages

We and our third-party suppliers will not be held liable to you or any other third-person claimant for any damages including, but not limited to, the loss of profits/data/goodwill/ or damages caused incidentally. Whether the basis is on claim or action of contract, warranty, negligence, strict liability, or other tort; violation of any statutory duty, indemnity or contributing; or else where we/third-person vendors have been given advice regarding the likelihood of such liability.

6.2. Amount of Damages

Our highest liability occurring from or in some way linked to this agreement shall not go beyond: a) The fees we charged you related to the order that is on claim during the 4 weeks immediately following the claim; or b) US $ 100. The occurrence of one or more claims will not cause our liability to rise. Under no circumstances shall our vendors be held liable for any liability that occurred in connection to our services.

6.3. Basis of the Bargain

The contracting parties accept that the limits of liability set herein in this part shall live and work fully and be in effect no matter the failure of price/consideration or of an exceptional remedy. The parties recognize that the prices set and the agreement entered into is dependent on these limitations of liability and that such limitations are the basis of bargaining among/between the parties.

TERM AND TERMINATION

7.1. Term of Order and Renewals

The original time for every order shall start on a particular date stated on the applicable order and last for the time specified in the “original term”. Unless otherwise stated on the applicable order, each order shall routinely/by design renew for the following period length of time equal to the original term (each a “renewal term”), except where either party cancels the order before the end of the current term.

7.2. Termination

Regardless of what is contained herein to the contrary, either party may end this Agreement at any time electronically via the Service website.

7.3. Effect of Termination

Upon termination for any reason(s): (a) All rights you enjoyed in this agreement including right to use the site shall end; (b) We will suspend all services and, at our discretion, remove all materials from the internet published by us as part of service and allow any domain names purchased as part of the Services to lapse.

PRIVACY AND COPYRIGHT

8.1. Privacy

Our privacy policy is applicable to the user of the suite and the services. Its terms are made in compliment those of the terms of use. By using the site you recognize and accept that internet transmissions are never fully secure or private.

8.2. Links to Other Sites

Links from other independent websites may be contained in this site. The purpose of these links is mainly for the convenience of our site visitors. Such links are out of our control, and we shall not be held responsible for and do not second the content contain therein, including any material or information. You are required to make an independent judgment concerning your interaction with such sites.

GENERAL PROVISIONS

10.1. Notices

Unless provided for in this agreement all notices, approvals or permissions hereunder shall be informed of in writing and are deemed to be: a) Personal delivery; b) Delivered on business day; c) After sending it shall be confirmed by facsimile; d) The first business day after submitting the email. Please note, emails shall not be sufficient for notices of termination. All notices shall be submitted and sent through the addresses provided for in the applicable order. This may be updated periodically upon receiving written notice from the other party.

10.2. External Forces

We shall not be held responsible for performance on this site to the extent that the disruption of performance was caused by a factor beyond our control or an act of God. This includes strikes, riots, insurance, flood, fires, government actions, labor conductions, natural disasters, earthquakes, explosions, and wars. Moreover, you recognize that the European Union’s privacy laws and other jurisdictions govern these Services. The changes in laws that may happen in the future and the effects of those changes are beyond our control. These may render it more difficult or impossible to provide the Services. We will not be obligated to provide these Services if laws render it impractical or impossible.

10.3. Relationship of the Parties

The relationship is an independent contract and no party is an agent; no party is partner to the other. You do not have the capacity and cannot purport to represent any third party or assume the powers to act in the name or otherwise as a representative to make a binding contract in any way. This includes, but is not limited to, representing or warranting the assumption of any obligation or liability or the exercise of any right or power.