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Service Agreement

AGREEMENT WITH THE USER
GENERAL TERMS AND CONDITIONS OF THE WEBSITE USE
LAST MODIFIED: November 9, 2010
GENERAL TERMS AND CONDITIONS AND THE ACCEPTANCE THEREOF

Below are described the General Terms and Conditions (hereinafter the "Terms and Conditions”) applicable to the Website use located at the URL under the domain name www.1click.im (hereinafter the “WEBSITE”) which 1Click.im makes available to Internet users.

Likewise, the WEBSITE use is subject to all advertising, use regulations and instructions which are made available to the USER by 1Click.im and which comprise the provisions of these Terms and Conditions as long as they are not opposed to them.

Using the WESITE implies that you become a “WEBSITE USER" (hereinafter, the "USER") and expresses the USER’S full and unreserved acceptance of each and every of the Terms and Conditions in their version published by 1Click.im at the very moment the USER accesses the WEBSITE. Therefore, the USER shall read carefully the Terms and Conditions before using the WEBSITE.

We recommend that you check the Terms and Conditions periodically since 1Click.im reserves the right to introduce changes to it from time to time.

Eventually, the use of certain services offered to the USERS via the WEBSITE may be subject to particular terms and conditions, which shall substitute, complete and/or modify the Terms and Conditions (hereinafter the “Particular Conditions”) depending on the case. Therefore, prior to using said services, the USER shall also read carefully the respective Particular Conditions.

THE WEBSITE

The WEBSITE is an advertising network aimed at establishing relationships with advertisers interested in advertising their products or services, whether by themselves or by another advertising network, and with the publishers or website owners interested in processing the advertising as intermediaries between advertisers and publishers.

CONDITIONS TO ACCESS AND USE THE WEBSITE.

Conditions.

Access to certain WEBSITE pages shall not be restricted.
Notwithstanding the above, certain pages or functions of the WEBSITE have restricted access. So, only those authorized and logged in as REGISTERED USERS by 1Click.im may access.
In order to request the authorization and registration as REGISTERED USER of the WEBSITE (hereinafter the “Registration Application”), you must enter a valid e-mail address and provide the following data:

E-mail address;
Password;
Name and Last Name;
Telephone Number;
Address;
Zip Code;
City or Town;
Area;
Country;
Means of Payment;
Tax Information;

The REGISTERED USER must ensure that the data provided in the Registration Application or at any time whatsoever are correct and complete.
The REGISTERED USER certifies that he is older than 18 years of age when filling out the Registration Application.

If the Registration Application is accepted, the REGISTERED USER shall be notified via e-mail at the same address by which the Registration Application was sent. Likewise, the REGISTERED USER shall be notified of the code through which he or she may process the advertising required in his website.

The REGISTERED USER shall be committed not to disclose his or her password. Consequently, the REGISTERED USER shall be responsible for accessing the WEBSITE and the actions performed using his or her user name and password, and shall be committed to indemnify and hold 1Click.im and/or the other USERS harmless from any costs, expenses, damages (including legal fees) which 1Click.im and/or the other USERS may have to pay or may suffer arising directly or indirectly from any WEBSITE access and any action performed using their user name and password.

1Click.im reserves the right to unilaterally modify the WEBSITE layout and settings as well as the conditions necessary to use the WEBSITE without prior notice and from time to time.

1Click.im may, at its sole discretion, cancel the accounts of the users who violate the terms and conditions, use policies or any other reason that 1Click.im considers contrary to moral and good customs or detrimental to 1Click.im or any third party.

No USER may have more than one account. Nonetheless, the USER may register in his or her account more than one website as long as they are owned by him.

USER Duties.

Responsibilities. To use the WEBSITE and its contents appropriately. The USER is committed to use the WEBSITE and its contents according to the law, these Terms and Conditions, as well as to morals, good customs and the public interest. The USER shall be obliged to refrain from using the WEBSITE and its contents for illegal purposes, contrary to the provisions of these Terms and Conditions, detrimental to third parties\' rights and interests, or that in any way may damage, make useless, overload or otherwise deteriorate the WEBSITE and its contents or prevent USERS from normally using and enjoying the WEBSITE and its contents. Especially, the USER shall be obliged to refrain from the following:

General Behavior: It is prohibited:

- To directly or indirectly use the WEBSITE in order to violate any applicable provincial, state, national or international law of any nature;
- To send or transmit sexual or obscene materials;
- To transmit, distribute or otherwise store any type of information, data or materials which violate provincial, state, national or international laws or regulations;
- To send or transmit information which content is, directly or indirectly, not limited to being transgressive, profane, abusive, defamatory and/or fraudulent, or reveals private or personal issues affecting any person whatsoever, or otherwise violate others\' rights;
- To access the WEBSITE using a false, erroneous or inexistent name, whether as an individual or artificial person;
- To send or transmit any material which the USER is not entitled to transmit according to the law (whether it be copyright, trademark, business secret, patents or any other third parties\' property rights) or according to agreements or trusts (e.g. non-disclosure agreements);
- To perform acts which restrict, deny or otherwise prevent any person, group, entity or organization from using the services offered on the WEBSITE, and the Internet, in general.

Security. It is prohibited:

- To attempt to violate the systems of server authentication, identity verification and security, USER accounts or networks. This includes and is not limited to trying to access to data not intended to be accessed by the USERS, trying to enter into the server or accounts without the express authorization to do so, or else trying to prove 1Click.im networks security by using tools such as SATAN, DoS or other similar;
- To attempt to interrupt Internet communications, such as altering rooting information, deliberately overloading a Service, attacking other computers on the Internet, among others;
- To use the code provided by 1Click.im through which the advertising will be processed on its website in any other website or in any context different to the one which originated the delivery without prior authorization of 1Click.im ;
- To use any program, command or command group, or else send any type of messages to interfere the session started by a USER at any Internet point;
- To monitor in such a way so that information not intended to be accessed by the USERS is intercepted;
- To send or transmit files which contain virus or any other destructive features which may adversely affect the operation of another’s computer and/or affect the proper operation of computers and/or the WEBSITE.

How to access the Contents.
The USER must refrain from collecting and even attempting to collect data, messages, graphs, drawings, sound and/or image files, photographs, tapes, software and, in general, any type of material accessible via the WEBSITE (hereinafter the “Contents”), using means or procedures different from the ones available to this end, according to each case, or, in general, different from the ones often used on the Internet to this end, provided they do not entail to damage or make the WEBSITE or the Contents useless.

Proper use of the Contents.
The USER is committed to use the Contents diligently, correctly and legitimately, and to particularly refrain from:
Using the Contents against the law, moral and good customs generally accepted or the public interest.
Reproducing or copying, distributing, allowing the public access by means of any type of public communication, changing or otherwise modifying the Contents, unless there is an authorization issued by the owner of the copyrights or it is legally allowed;
Suppressing, eluding or manipulating the copyright and other data identifiable of 1Click.im or holder’s rights included in the Contents, as well as technical protection devices, digital fingerprints or any other information mechanisms that the Contents may include;
Using the Contents and, particularly, any type of information collected via the WEBSITE to trade or otherwise spread said information anyhow.

Taxes.
Both the advertiser and the publisher are the only responsible for complying with the fiscal and tax regime in force. Therefore, 1Click.im is not liable for any fiscal or tax aspects.

Once the publisher enters the code on his website, he will raise income according to the conditions set forth in subsection ii) hereof. Said income will be contingent upon clicks, geographical location of the visitors, sizes and layout of the advertising spaces and commercial actions on the publisher's site resulting from the code entered.

Once a month, 1Click.im will check the publishers' accounts. In the event that the sum of income is higher than USD 100 (the “Minimum Amount”), 1Click.im will make a transfer to the publisher in the way the latter selected upon his registration as a USER. In the event that the cumulative income do not amount to the Minimum Amount to make a transfer, or in the event the USER has not completed the necessary information to such end, said income will be summed up to the income later generated until such information is received. The USER is responsible for updating his contact information, tax information and any other information necessary to turn income into payments.

1Click.im does not directly control the advertising required by the advertisers, or the contents thereof. In case the advertising violate these Terms and Conditions, they may be rejected by 1Click.im or the publisher at any time, without the advertisers being entitled to file a claim. 1Click.im shall not be liable for any inconvenience caused by the advertising to third parties or the publisher.

1Click.im shall post reports and details of the operations conducted by each USER on the WEBSITE. USERS may access to them by entering their user names and password.

Indemnities

The USER shall defend and hold 1Click.im harmless against any damage of any nature, including the reasonable expenses for legal fees which may arise from any action or claim filed by a third party as a consequence of the breach of any clause of these Terms and Conditions by the USER, or the violation of any law or a third party’s right by the USER.

In the same way, the USER shall hold 1Click.im and its controlling companies, as well as its current or future affiliates, officers, directors, employees, agents, harmless from any damage of any nature, directly or indirectly derived from or caused by the use of the WEBSITE and/or the Contents when they are directly or indirectly derived from or caused by the breach of any clause of these Terms and Conditions by the USER or the violation of any law or a third party’s right by the USER.

Use under exclusive liability

The USER voluntarily accepts and is aware that he or she shall be solely and exclusively liable for using the WEBSITE and its Contents.

LIMITATION OF LIABILITY AND WARRANTY EXCLUSION

THE WEBSITE

1Click.im shall hire its access to the Internet and that of its servers with a third party, the service provider. The USER accepts and acknowledges that the WEBSITE may not always be available due to technical difficulties or failures of the Internet, the provider or due to any other reason external to 1Click.im . 1Click.im consequently does not warrant that the WEBSITE will be available and continuously operating. Furthermore, 1Click.im does not warrant the WEBSITE or its Contents use for any particular activity or its infallibility. Nor does it warrant particularly but not exclusively that USERS may actually use the WEBSITE and its Contents and access the different web pages included in the WEBSITE.

1Click.im disclaims any liability for damages or losses of any nature directly, indirectly or remotely resulting from the interruption, suspension, termination, non-availability or discontinuation of the operation of the WEBSITE and its Contents due to the inutility the USER may have found in the WEBSITE and the Contents, the fallibility of the WEBSITE and its Contents, and particularly but not exclusively for the access failures in the different WEBSITE web pages or in those where the Contents are included.

1Click.im shall not be liable for any damage or loss of the USER’s equipment resulting from failures of the system, server or the Internet.

The WEBSITE is on the “Beta” phase, i.e. being developed. Therefore, 1Click.im Team reserves the right to make any changes it deems necessary to improve the quality and services offered via the WEBSITE. Likewise, and because the WEBSITE is being developed, 1Click.im does not warrant the transfers included in section 3.2.d).vii). On the other hand, such transfers may only be made when the advertisers of third parties’ advertising networks pay 1Click.im .

1Click.im shall use the information requested to the USERS to provide a better service to them. USERS know and understand that learning the site contents, and thus, optimizing the Service requires time; therefore, they waive their right to file any complaint resulting from such event.

Contents

1Click.im shall not be liable if the USER's equipment is damaged by any virus or by the existence of other elements in the contents that may alter the system, electronic documents or files of the USER, upon the access to the WEBSITE or any data transfer.

1Click.im does not warrant that the information included in the WEBSITE is accurate, true, complete and up-to-date. This information may be inaccurate, incorrect and/or may contain material or typing errors. Consequently, 1Click.im shall not be liable for the damages resulting from the Contents being inaccurate, false, incomplete or old.

1Click.im shall not be liable for the damages of any nature that may result from the transmission, diffusion, storage, availability, reception, collection or access to the Contents, and particularly but not exclusively, to the damages resulting from:

The violation of the law, moral and good customs generally accepted or the public interest;
The violation of intellectual and industry property rights, business secrets, contractual commitments of any type, rights to honor, personal and family intimacy and personal image, property rights and any other rights of third parties;
The performance of acts of unfair competition and illegal advertising;
The inadequacy of the Contents for any end and the non-fulfillment of the expectations thereof;
The non-compliance, compliance delay, faulty compliance or termination of the obligations incurred by third parties due to any reason and agreements entered into with third parties because of or through the access to the Contents;
The defects of any kind of the Contents transmitted, spread, stored, made available or otherwise transmitted, made available, received, collected or the ones accessed via the WEBSITE.
Third Parties. Liability for the contents, products and services stored outside of the WEBSITE.
In order to only facilitate the USERS to search and access to information available on the Internet, the WEBSITE makes available to them link technical devices, directories, search engines, search tools and any other thematic link. This allows the USERS to access the Internet sites owned by and/or managed by third parties different from 1Click.im (hereinafter the “Link Sites”).
The USER accepts and understands that there are all types of materials on the Internet, edited and non-edited, some of them having scenes of explicit sex or being offensive to you or your family;
1Click.im does not previously control, approve, supervise or make its own the products, services, contents, information, data, files, products and any type of material included in the Link Sites.
Therefore, the USER or his or her family shall access these materials at their own exclusive risk. Thus, the USER shall be extremely careful as regards the assessment and use of the services, information, data, files, products and any type of material included in the Link Sites.


1Click.im shall not be liable for the damages of any type resulting from:
The operation, availability, accessibility or continuity of the Link Sites;
The maintenance of the services, information, data, files, products and any type of material included in the Link Sites;
The delivery or transmission of the services, information, data, files, products and any type of material included in the Link Sites;
The quality, legality, reliability and utility of the services, information, data, files, products and any type of material included in the Link Sites, the products and the services rendered by third parties via the WEBSITE.

RIGHT OF REVOCATION

1Click.im reserves the right, at any time and without serving prior notice to the USERS, to deny or block any USER to access the WEBSITE, to deny the access to the Contents, or to lose the capacity as WEBSITE USER due to the breach of the Terms and Contents, or the applicable Particular Conditions.

CONFIDENTIALITY AND PRIVACY

See our "Privacy Policy Statement” at the publisher.1click.im/users/privacy.

INTELLECTUAL PROPERTY

“1Click.im” is owned by 1Click.im. in Europe/Italy.

The WEBSITE Contents together with, and without limitation to, the programs, data bases, networks and files thereof are owned by 1Click.im . Any undue use or reproduction of the same shall be pursued by the legal means that may correspond.

Under no circumstance may the WEBSITE use be interpreted as an authorization and/or granting of a license of the intellectual rights of 1Click.im and/or a third party.

All texts, images, designs, compilations and any type of material included in this WEBSITE are registered as © by 1Click.im . All rights reserved. Do not duplicate, distribute, or store in any form.

MISCELLANEOUS

These Terms and Conditions shall not be construed as a company's agreement, agency, or any other agreement establishing any type of relationship between 1Click.im and the USER, without being 1Click.im obliged to pay for the advertising in process.

Should any of the above-mentioned clauses be declared null, this shall not affect the validity or enforceability of the remaining clauses.
No amendments or changes may be introduced hereto by the USER, except by a written document signed by both the USER and the legal representative of 1Click.im .
The lack of action by 1Click.im upon a breach hereof by the USER or other people, shall not affect 1Click.im's right to act upon a later or similar breach.
The subsections hereof are for reference purposes only, and in no way do they define, limit, restrict or otherwise describe the scope thereof.

NOTIFICATIONS

Any notice or notification that must be made hereunder shall be served in writing upon: (i) the USER: to the e-mail account or through a registered letter at the domicile stated in the Registration Application; or (ii) to 1Click.im : to the e-mail account publishers@1Click.im