Revised: 6/1/2009
By using the affiliatelinkvault.com web site ("Service"), or any services of ServiceBrook Ltd. Co. ("ServiceBrook"), you are agreeing to be bound by the following terms and conditions ("Terms of Service") which includes both the User Terms of Service and the Affiliate Program Terms of Service without limitation or qualification. Please read them carefully.
ServiceBrook reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.affiliatelinkvault.com/terms
Violation of any of the terms below will result in the termination of your Account. While ServiceBrook prohibits certain Use of and Content on the Service, you nonetheless may be exposed to such Use and Content while using the Service. You understand and agree that ServiceBrook cannot be responsible for the Content posted on the Service nor the Use to which it is applied. You agree to use the Service at your own risk.
Account Terms
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login is intended to be used only by one person or entity. You may select another person to manage your account on your behalf. However, a single login shared by multiple people or entities is not permitted.
- You may not maintain multiple free accounts.
- We understand that sometimes it will make good business sense to create multiple paying accounts in order to keep certain buisness activities separate. However, you may not use the same domain accross multiple accounts.
- You are responsible for maintaining the security of your account and password. ServiceBrook cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted, Use and activity that occur under your account (even when performed by others who use your account with or without your permission).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not use the Service in violation of any terms of service or other legal contract you may have entered into with a search engine, affiliate, other website or entity. You acknowledge and agree that your use of the Service is in full compliance with the requirements and guidelines of all parties to which your outbound links are pointed. ServiceBrook cannot and will not be liable for any loss or damage from your failure to comply with this legal obligation.
- The Service requires custom code to be correctly installed on your server as well as updates to your URLs. ServiceBrook cannot and will not be liable for any loss or damage from your failure to correctly install the custom code or correctly modify any code on your server, including but not limited to URLs.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free Trial accounts are not required to provide a credit card number.
- If you initially sign up for a Trial account and you don't cancel that account within 30 days, to continue using the Service you are required to provide a credit card which will be billed monthly starting on the 1st day of the month, no sooner than 30 days after your initial sign up. If you cancel prior to the processing of your first invoice, you will not be charged.
- By submitting your credit card information, you agree to be billed each month following the expiration of your Trial period.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. ServiceBrook does not accept any liability for such loss or losses resulting from downgrading.
- Downgrading your Service may result in invalid links which no longer function on your sites, e-mails, e-books, etc. It is your responsibility to update all files to restore links to working condition. ServiceBrook does not accept any liability for such loss of or losses resulting from invalid links.
- Failure to provide a credit card will result in the cancellation and termination of your Account. ServiceBrook will make reasonable effort to notify you in advance that your account will be cancelled and terminated should a credit card not be provided. Should cancellation and termination of your Account occur, it may result in invalid links which no longer function on your sites, e-mails, e-books, etc. It is your responsibility to update all files to restore links to working condition. ServiceBrook does not accept any liability for such loss of or losses resulting from invalid links.
Cancellation and Termination
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings link in the global navigation bar on the side of the screen. The Account Settings screen provides a simple no questions asked cancellation link.
- All of your Content will be deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. The deletion of your Content will render the links on your sites, e-mails, e-books, etc. invalid as they can no longer utilize our service. It is your responsibly to make all necessary changes to your links prior to cancellation to avoid interruptions in your link performance. ServiceBrook does not accept any liability for loss of or losses resulting from invalid links.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- ServiceBrook, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other ServiceBrook service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. ServiceBrook reserves the right to refuse service to anyone for any reason at any time.
- Cancellation and termination of your Account, whether initiated by you or by ServiceBrook, may result in invalid links which no longer function on your sites, e-mails, e-books, etc. It is your responsibility to update all files to restore links to working condition. ServiceBrook does not accept any liability for such loss of or losses resulting from invalid links.
Modifications to the Service and Prices
- ServiceBrook reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Affiliate Link Vault Site (www.affiliatelinkvault.com) or the Service itself or e-mail.
- ServiceBrook shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your information and materials uploaded remain yours.
- ServiceBrook does not pre-screen Content or Use, but ServiceBrook and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content in the Service.
- The look, feel, and content of the Service is copyright © 2009 ServiceBrook Ltd. Co. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from ServiceBrook.
- All content, text, images and other materials on the Service are either owned or licensed by ServiceBrook or by a third party and are protected by U.S. copyright laws and therefore, may not be used except with our express written consent. Unless otherwise agreed in writing by us, you may not copy or display or post any content, text, images or other materials offered via this Service on any network computer, website, bulletin board or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images or other materials offered via this Site.
- All trademarks, service marks, and trade names (collectively, "Marks") that appear on the Service are proprietary to ServiceBrook, or other respective owners. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Service.
General Conditions
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that ServiceBrook uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ServiceBrook, or any other ServiceBrook service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ServiceBrook.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ServiceBrook customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds reasonable bandwidth usage (as determined solely by ServiceBrook), we reserve the right to immediately disable your account or throttle your usage until you can reduce your bandwidth consumption or another arrangement is reached.
- If your usage of the Service significantly exceeds reasonable usage (as determined solely by ServiceBrook), we reserve the right to immediately disable your account or throttle your usage until you can reduce your usage to reasonable levels or another arrangement is reached.
- ServiceBrook does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that ServiceBrook shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ServiceBrook has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
- The failure of ServiceBrook to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ServiceBrook and govern your use of the Service, superseding any prior agreements between you and ServiceBrook (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at affiliatelinkvault dot com.
Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Texas USA, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of ServiceBrook to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitutes the entire agreement between you and ServiceBrook (excluding only the Affiliate Program Terms of Service) and govern your use of the Service, superceding any prior agreements between you and ServiceBrook (including, but not limited to, any prior versions of the Terms of Service).