These terms and conditions (“Agreement”) apply to and upon your access and/or use of the Traffic.club, SARL (“TC”, “us” or “we”) website at www.traffic.club or any affiliated website (each such site a “Site”) and/or use of any of our services available under or through the site (“Services”). “You” and “your” refer to you or the person/entity on whose behalf you are acting.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT USE OR ACCESS OUR SITE/SERVICES.
Upon opening an account you will be provided with a user name and password. It is your responsibility to protect this information and prevent unauthorized use of your account. You will be responsible for all activities undertaken using the Site and/or Services, including those undertaken by others using your user name and password.
You may not use a Site or any Services provided through or in connection with a Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; as well as (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another’s computer (e.g., “cracks,” “hacks,” hjacks “ or other programs written to defeat the security measures of any computer, system or program(s)); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party’s rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause TC to violate any law, statute or regulation; (e) harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a url in connection with your use of the Site that is confusing or misleading to other Site users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any junk email, spam, chain letters, pyramid schemes, or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or (j) violate any applicable government laws or regulations. TC does not condone or allow spam.
As Advertiser you may not use the Site or our Services to advertise, promote, market or solicit offers to acquire goods/services that compete with our Terms of Service. TC will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Agreement or any incorporated terms and conditions.
Traffic.club reserves the right to delete accounts that have been inactive during the preceeding three (3) calendar years.
It is agreed between the parties that Traffic.Club shall have the right to delete keywords and/or campaigns that have not received traffic within a reasonable amount time or that are not compliant with section 5. ACCEPTABLE USE OF THE SITE AND OUR SERVICES.
Upon termination, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in or through the Site and TC is under no obligation to maintain any such data or information. All credit amounts on such account will be forfeited. Upon request TC will issue an termination fee invoice to the user.
TC is not responsible for the content or your use of any web site linked to or from the Site or Services (even if such link is provided by TC). TC does not make any warranty or representation regarding any listed Domain Name, including, without limitation, ownership or revenue or traffic statistics. Any revenue, traffic or other statistics or information is provided “as-is” and without representation or warranty of any nature and TC may not be held liable for any inaccuracy thereof, even if such information was provided regarding a Domain Name monetized using any Service.
YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING ANY DATA PROVIDED,
IS AT YOUR SOLE RISK. THE ACCURACY, CONDITION AND AVAILABILITY OF
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED ORIMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. TC MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. TC MAKES NO WARRANTY REGARDING RESULTS THAT MAY BE OBTAINED, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED, OR ENFORCEABILITY OF ANY CONTRACT PROVIDED FOR USE BETWEEN YOU AND ANY THIRD PARTY.
IN NO EVENT SHALL TC, ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING GROSS NEGLIGENCE). WITHOUT AFFECTING
THE LIMITATIONS OF LIABILITY IN THIS SECTION, THE LIABILITY OF TC, AND/OR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED IN ALL CIRCUMSTANCE TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE six (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD TC AND ANY PARENT, SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, AGENT, AND EMPLOYEE (EACH AN “INDEMNITEE”) HARMLESS FROM ANY LOSS, LIABILITY, EXPENSE, CLAIM OR DEMAND (INCLUDING REASONABLE ATTORNEYS’ FEES) (COLLECTIVELY “CLAIM”), ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION
WITH (i) ANY ACT OR OMISSION BY YOU, INCLUDING, YOUR USE OF THE SITE OR ANY SERVICES OR YOUR BREACH OF THIS AGREEMENT OR ANY OTHER AGREEMENT WITH ANY THIRD PARTY OR WITH TC , INCLUDING ONE INCORPORATED BY REFERENCE, (ii) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF TC OR ANY THIRD PARTY, INCLUDING ANY ALLEGED OR ACTUAL VIOLATION OF ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, AND/OR (iii) ANY ACT OR OMISSION ON THE PART OF ANY INDEMNITEE (PROVIDED THAT YOU SHALL NOT BE OBLIGATED TO INDEMNIFY AS TO ACTS OR OMISSIONS BY INDEMNITEES TO THE EXTENT SUCH CLAIM AROSE AS A DIRECT CONSEQUENCE OF AN INTENTIONAL ACT BY SUCH INDEMNITEE).
If TC elects to control its defense TC may settle or resolve such Claim in its sole discretion and foregoing indemnification shall still apply. If TC elects not to control its defense you will do so. However, you may not settle or resolve any such Claims without our express written consent unless the resolution requires a withdrawal or dismissal (with prejudice), or full and final release in our favor of all Claims asserted against us), all without admission of liability, payment obligation, or agreement to refrain from any undertaking, on the part of TC or any Indemnitee.
Any claim or cause of action arising out of or related to this Agreement, the Site, or any Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
NO STATEMENTS, ADVICE OR INFORMATION PROVIDED TO YOU BY ANY TC EMPLOYEE OR REPRESENTATIVE MAY CREATE ANY OTHER WARRANTY OR ALTER THE PROVISIONS OF THIS SECTION.
The provisions in this Section shall apply to the fullest extent permitted by law.
Other names, products or services that may be mentioned in the Site may be the trademarks of their respective owners. All rights reserved.
If you believe that the Site or any third party using the Site or Services is infringing or violating your intellectual property rights, you must follow the instructions in our [Infringement Notification Policy].
notice of any amendments, TC may amend or replace this or any incorporated terms and conditions at any time without notice. Changes will be posted on the Site and shall become automatically be effective on the earlier to occur of (i) 12:01 AM on the date posted by TC, or (ii) upon your accessing the Site and/or use of any Services following the date of posting. Other than posting amendments on the Site, TC shall not be obligated to provide any other form of notice and you should carefully review the Site periodically to alert yourself to any possible changes. Except as noted in this Section above, this Agreement may not be amended or modified except in a writing signed by you and TC.
without limitation, bid requests listings. Pricing, auction bids, offers, counter-offers, and acceptances, as well as any deadlines or beginning and ending dates and times for auctions, are all effective upon the date and time applied by TC in its operation of the Platform regardless of the date or time in your specific location. Dates and times are generally the date and time of posting as recognized by TC in Luxembourg, (or such other location as TC may locate its relevant servers). Any date or time indications, including, without limitation time-remaining information as to auctions is provided without warranty of any nature. TC assumes no responsibility for failure to accurately or otherwise time-stamp any information submitted, including, without information, any auction bids, or acceptance or to timely or otherwise publish or communicate any offer, counter-offer or acceptance.
Payments are based on bids,clicks or views – reported redirects or generated Leads and depend on Proxy Bidding results.
Advertiser understands and agrees that the statistics system provided by TC shall serve as the official record of traffic and Clicks delivered throughout the Advertiser’s Campaign. Other ways of tracking the traffic are acceptable based on individual request from Advertiser and after written approval from TC.
Publisher Payments, means payments sent to you are based on the data we receive from our advertising partners. Our advertising partners have the right to claw back payments based on their analysis of the data even months after it is paid to you. These claw backs are at their sole discretion and if they claw back money from us based on the data associated with your traffic source than we will accordingly charge you for those claw backs out of future payments that would be owed to you. You have no right to object to these claw backs under any circumstances.
15.Taxes and Withholding.
Advertiser understands and agrees that taxes with respect to commissions or any other payments made to TC hereunder will not be withheld or paid directly or indirectly by TC unless TC determines in its sole discretion that TC or its affiliates may be liable for any such taxes, in which case it shall withhold the estimated amount and notify Advertiser of such withholding. Advertiser understands and agrees that it is Advertiser’s responsibility to pay all applicable local, state, federal, and/or foreign taxes on commissions and other expenses to TC pursuant to these Terms of Service. Advertiser agrees to promptly reimburse and indemnify TC from any claim or assessment of taxes by any foreign state, and/or local taxing authority, and any other costs and damages, arising from or in connection with the operation of this Section 1.1.
16. Payment Disputes.
Advertiser understands and agrees to address any questions Advertiser may have with any payment of commissions under these provisions to TC within thirty (30) days of the date of such payment, in writing or by e-mail to email@example.com Failure to notify TC within such period will constitute an acceptance of, and agreement with, the applicable payment.
When you access our websites, we may automatically collect certain information based upon your behavior on the site. We use this information to do internal research on our users’ demographics, interests, and behavior to serve our users better. This information may include the URL that you come from or go to (whether this URL is on the site or not), your computer browser information, and your IP address.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the site, we may collect such information into a file specific to you or the subject of your correspondence.
We provide you the opportunity to opt-out of having your personally identifiable information used for certain purposes when we ask for this information. By way of example only (and not limitation), if you register for a user account but do not wish to receive any additional marketing material from us, you can generally indicate your preference on the registration form. If you no longer wish to receive news or promotional materials, you may opt-out of receiving them by following the instructions included in each news release or communication.
We will let you know if and when your personal information is collected by any third party that is not our agent/service provider so that you can make a considered decision as to whether or not to share your information with that party.
Some of our business partners (e.g., advertisers) may use “cookies” on our site. We have no access to or control over these “cookies.” This privacy statement covers the use of “cookies” by TC only and does not cover the use of “cookies” by any advertisers.
We do not (and will not) sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your personal information may be disclosed in the normal course of business as part of Services provided through our Site.
Advertisers. We gather up data across numerous registered user accounts and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. For such purposes, we do not disclose any information that we believe could be used to identify TC users personally. TC may receive a fee or other benefits for providing such information.
Our Site. Although we undertake reasonable efforts to prevent it, others may illegally attempt to automatically collect your email address from you – ,in such case, we may send out notices to you or other users regarding suspicious activity or policy violations on the site.
5. Affiliates for Our Operations
Legal Requests. TC cooperates with law enforcement authorities, as well as with other third parties, to enforce laws, intellectual property rights, and to prevent fraud. Although as noted below, we typically require a subpoena or similar legal document prior to doing so, we do reserve the right, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can, and you authorize us to, disclose your name, city, state, telephone number, email address, login name, access history, IP address, fraud complaints, and site use history, with or without a subpoena. Without restricting our rights to do so as noted above, as a general policy we will not disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to protect our rights or to prevent imminent physical harm, financial loss or to report suspected past, present, or future illegal activity. Further, we can, and you authorize us to, disclose to a third party your information, including your name, street address, city, state, zip code, country, phone number, email, and company name, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Access to the Site and Services is generally controlled by user name and password. Guard this information carefully. You are responsible for all actions taken using your user name and password, including fees charged to your account and adherence to the [TC General Terms].
This is the case whether or not you specifically authorized such activities.
TC personnel, its agents or affiliates will not ask you for your log in – password. If you lose control of your password, you may lose substantial control over your information and may be subject to legally binding actions taken on your behalf. You may also lose access to any account you have created or to transactions in which you were involved. You should change your password regularly using the online process.
For example, once you have logged into the Site, you can change your password, other personal, contact, and financial information, and user preferences by going to the applicable pages and following the instructions. Certain information may not be subject to change (such as domain names subject to negotiation, pending Auction, Offers, transfer and the like).
You must always keep your personal information updated. It is the principle means of our contacting you. Because of limited staff and the difficulties in authentication, we typically do not accept modifications that are not submitted through the Site.
8. Other Information Collectors
Except as otherwise expressly included in this Policy, this document only addresses the use and disclosure of information we collect from you. If you disclose information to other parties (on or outside of the Site), whether they are Bidders, Buyers or Sellers on our Site or other sites throughout the Internet, you do so at your sole risk and different rules and policies may apply.
TC does not control the privacy policies of third parties.
TC follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Your information is stored on TC’s servers located in Luxembourg and in European Union countries. When you enter sensitive information (such as credit card or bank information) on our registration or order forms, we undertake to encrypt that information using secure socket layer or other similar technology (SSL). We treat data as an asset and strive to protect it loss and unauthorized access. We employ many different security techniques to protect data from unauthorized access by users whether they are “inside” or “outside” TC. TC personnel are trained appropriately regarding the application of privacy practices and the importance of protecting your information.
10. Notice, Modification
We may change or replace this Policy at any time and without notice. Such changes shall be effective as noted in our [TC General Terms].
INFRINGEMENT NOTIFICATION POLICY
This Intellectual Property Rights Policy has been developed by Traffic.club SARL (“TC”) to allow users and non-users to submit complaints regarding TC Services. If you believe that your intellectual property rights have been violated by a TC user, please submit a complaint in accordance with the below procedure. A complaint may or may not result in our suspending or terminating a user’s access to and use of the Services.
1. Submitting a Complaint. If you are a trademark owner or the legal representative of a trademark owner and have a good faith belief that redirects to one of our advertising partners’ websites, listed as paid advertisement link, or banner/display infringes your copyright, trademark, or other intellectual property rights, please send a written communication to the following address:
Traffic.Club Sàrl; 1-3, Boulevard de la Foire; L-1528 Luxembourg
The written communication must include
1. Name of your Company
2. Contact information (including email address)
3. List of intellectual property right(s) at issue and jurisdictions in which registered
4. The specific target URL of displayed media – / provided link at issue including time stamp and user IP address
5. If certain affiliates or partners are permitted to use your trademark in their campaigns or medias, list all company names in your letter.
6. Include the following statement: “I have a good faith belief that use of the trademarks described above with target URL / described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”
7. Include the statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
8. Your signature and BLOCK PRINTED FULL NAME AND TITLE.
2. Traffic.club review. After we have received your proper complaint, both you and our objected Publishers will be sent an email confirmation which will outline the targeted URL in question and the party submitting the complaint. Our Publishers are given three (3) days to respond. We strive to review all claims within ten (10) days of when the complaint was received. Review will be undertaken by an appropriate member of our staff trained in intellectual property matters. We will issue our decision to both you and the publisher.
3. Traffic.club decision. You agree that if the decision is made to remove the publisher from our Site, we will endeavor to do so and such shall be the limit of our responsibility.
You further agree that if a Domain review does not result in removal of the Domain, the complaining party will not be allowed to resubmit its complaint unless he can allege new facts unknown during the initial complaint.
DIGITAL MILLENNIUM COPYRIGHT ACT
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is intended to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.url123.com/page.html”) or other information sufficient to clearly specify the copyrighted work being infringed (for example, “The copyrighted work at issue is the “Title of Link” by ABC, published by XYZ, ISBN #987654321”).
2. Identify the material that you claim is infringing the copyrighted work listed #1.
3. Provide information clearly sufficient to permit us to contact you (email preferred).
4. Provide information sufficient to permit us to notify the owner of the allegedly infringing content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the document
8. Send the written notice to the following address: Traffic.club SARL, 1-3, Boulevard de la Foire; L-1528 Luxembourg Please also send the same documents to firstname.lastname@example.org
The administrator or the provider of affected content may make a counter notification pursuant to §§512(g)(2) and (3) of the DMCA.When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
1. Identify the material that we have removed or to which we have disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Luxembourg, and that you will accept service of process from the person (or their agent) who provided notification.
3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”
4. Sign the document.
5. Send the written notice to the following address:
1-3, Boulevard de la Foire
Attn: DMCA CLAIMS – Counter Notification. Please also email any and all notifications to email@example.com
For any additional questions regarding the DMCA process for Traffic.club products and services please contact us using the “Contact us” information on the Site. REPEAT INFRINGERS We will, in appropriate circumstances, terminate repeat infringers. If you believe that a user of our Site is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the user is a repeat infringer.
Traffic.Club Sarl 2016;
1-3, Boulevard de la Foire • L-1528 Luxembourg • www.traffic.club