USER LICENSE AGREEMENT

WELCOME

BANKSHIFT.NET ("Bankshift.net", "we", "us", "our") welcomes you to our website ( "Bankshift", the "Website", " Bankshift.net "). Please read the following Website User License Agreement ("User License Agreement") before using the Website. By using Bankshift you agree to be legally bound by the User License Agreement, which shall take effect immediately on your first use of Bankshift. If you do not agree to be legally bound by these User License Agreement please do not access and/or use Bankshift

Bankshift.net may change this User License Agreement at any time by posting changes online. Please review this User License Agreement regularly to ensure you are aware of any changes made by Bankshift.net. Your continued use of Bankshift after changes are posted means you agree to be legally bound by this User License Agreement as updated and/or amended.


1. AGREEMENT

When interacting with Bankshift, we suggest that you use your discretion and exercise caution when loading content into it. Please abide by legal copyright laws and general decency. When you post content originated from outside the site, the information becomes available to anyone with access to the site. This information can be collected and used by others. Therefore, we recommend that you refrain from posting any information that you do not want seen . Ultimately, you are solely responsible for maintaining the secrecy of your passwords.


2. REGISTRATION

This part coming soon when we have registration, user accounts, and ability to upload your own content.


3. CONDUCT

You agree to not use Bankshift to: (i) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a Bankshift.net official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Bankshift; (v) upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights ("Intellectual Property Rights") of any party; (vii) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are designated for such purpose; (viii) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) interfere with or disrupt Bankshift.net or its servers or networks connected to Bankshift, or disobey any requirements, procedures, policies or regulations of networks connected to Bankshift.net and Bankshift; (xi) intentionally or unintentionally violate any applicable local, state, national or international law, "stalk" or otherwise harass another; or (xiii) collect or store personal data about other users. You acknowledge that Bankshift.net does not pre-screen content, but that Bankshift.net, Bankshift and its designees shall have the right, but not the obligation, in their sole discretion to refuse or move any content that is available via Bankshift. Without limiting the foregoing, Bankshift.net and its designees shall have the right to remove any Content that violates this User License Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that Bankshift.net may preserve content and may also disclose content if required to do so by law or if such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the User License Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Bankshift.net, its users and the public. You understand that the technical processing and transmission of Bankshift.net, including your content, if any, may involve (i) transmissions over various networks or any other media determined by Bankshift.net in its sole discretion; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices or any other media used by Bankshift.net in its sole discretion.


4. INTERNATIONAL USE

Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content as defined in section 7. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdon or the country in which you reside.


5. CONTRIBUTIONS TO Bankshift E

Where you are invited to submit any contribution to Bankshift including but not limited to any text, photographs, graphics, video or audio (collectively "Effects") you agree, by submitting your contribution, to grant Bankshift.net a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Bankshift.net Privacy Statement. If you do not want to grant Bankshift.net the rights set out above, please do not submit your contribution to Bankshift.

When you submit content, in any format, you acknowledge that you have all necessary rights, including copyright, in the material that you are contributing to Bankshift. You agree that Bankshift.net may use the material online and in whatever ways Bankshift.net chooses, now and in the future.


6. COMMUNITIES

This part coming soon when we have on online community.


7. OWNERSHIP / RESTRICTIONS ON USE

This Website is owned and operated by Tempsoft Ltd, registered in England No: 06621688, Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the "Content") contained in this Website are proprietary to Bankshift.net, its affiliates and/or third-party licensors. The Content is protected by English and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Bankshift.net. You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Bankshift.net. To obtain written consent for such reproduction, please contact us at Bankshift@Bankshift.net.com.


8. LINKING

It is our goal to provide increased value to you, our visitors. Therefore, for your convenience, the Website offers you the ability to link, through the effects, to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Bankshift.net and that Bankshift.net has no control over the content of such websites. Consequently, Bankshift.net cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which our visitors might place in their effects do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

We welcome any feedback that you may have concerning the external links that we have placed on our Website.


9. TERMINATION OF YOUR REGISTRATION

This part coming soon when we have registration, user accounts, and ability to upload your own effects.


10. DISCLAIMER / LIMITATION OF LIABILITY

Although we strive to update and keep accurate as much as possible the content contained on the Website, errors and/or omissions may occur.

ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BANKSHIFT.NET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BANKSHIFT.NET DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL BANKSHIFT.NET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF BANKSHIFT.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


11. INDEMNITY

By using this Website, you agree to indemnify and hold harmless Bankshift.net, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any content you (or anyone acting under your password or user name) submit, post, transmit or make available on the Website or in the Bankshift player on off-site posts and/or (b) your use of this Website, connection thereto, or any alleged violation by you of this User License Agreement.


12. PRIVACY

Bankshift.net respects your right to privacy of your personal information. Please review our Website Privacy Statement for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.


13. CHANGES

Bankshift.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Bankshift.net reserves the right to change this User License Agreement at any time and to notify you by posting an updated version of the User License Agreement on this Website. You are responsible for regularly reviewing the User License Agreement, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Bankshift.net to you for so being bound.


14. ENTIRE AGREEMENT

This User License Agreement together with the Privacy Statement, as amended from time to time, constitutes the entire agreement that governs your use of Bankshift and supersedes any prior agreements between you and Bankshift.net. You may also be subject to additional terms and conditions that may apply to any affiliate services, that may apply to any affiliate services, third-party content or third-party software that may be incorporated into Bankshift.


15. APPLICABLE LAWS

The User License Agreement and the Privacy Statement are governed by and construed in accordance with the laws of the State of New York, and any dispute is to be submitted to a court of competent jurisdiction in The UK. If any provision of the present User License Agreement shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from the User License Agreement and shall not affect the validity and enforceability of any remaining provisions.

The User License Agreement and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Bankshift.net with respect to the use of the Website, including the Content.


16. COPYRIGHTS AND COPYRIGHT AGENTS

Bankshift.net respects the Intellectual Property of others, and we ask our users to do the same. Please don't use copyrighted videos on Bankshift.


17. TRADEMARKS

Bankshift.net, the Bankshift.net and Bankshift logos, trademarks and services marks, and any other Bankshift.net logos and product and service names are trademarks of Bankshift.net (the "Bankshift.net Marks"). Use of any Bankshift.net Marks without the prior written authorization of Bankshift.net is strictly prohibited.


18. NOTICE

Bankshift.net may posting notices or links to such notices on the Website. If you have any questions or comments regarding the User License Agreement please contact us at Bankshift@Bankshift.net.com.

Copyright �2009 Bankshift.net. All rights reserved.

Bankshift.net is wholly owned by Tempsoft Ltd, Dalton house, 60 Windsor Avenue, London SW19 2RR




1

We are committed to safeguarding the privacy of our website visitors; this policy2 sets out how we will treat your personal information.3



  1. The purpose of a website privacy policy is help webmasters and web-based businesses comply with data protection legislation. In the UK, that primarily means compliance with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003. Failure to comply with data protection legislation can lead to civil liability and criminal law penalties. Our template privacy policy is designed for use by businesses based in the UK (although the UK data protection regime derives from EU law, there are differences in how that EU law has been implemented in the different member states of the EU). The template is designed for websites which collect standard kinds of non-sensitive personal data for standard kinds of use. It may be unsuitable for websites which collect sensitive personal data (such as information relating to a person’s health, sexuality, ethnicity or politics) or which collect personal information from children. It may be suitable, for example, for use with websites which act as online company brochures or online shops. The website privacy policy template will need to be edited before it is ready for use. Square brackets in the document indicate the sections which need or are likely to need to be edited. However, you should of course carefully review the whole document to ensure that it meets with your requirements. Please note that the use of a privacy policy does not exhaust your data protection obligations. If you are in any doubt regarding the preparation of your privacy policy or your data protection obligations generally, you should seek professional advice.
  2. The privacy policy should be clearly and easily accessible to website visitors from the website home page and any page which collects personal data (e.g. “The personal information we collect on this page will be treated in accordance with our privacy policy”). In addition, key information about the use of personal data should be provided on the page where the data is collected, rather than in a separate document.
  3. “Personal information”: for day-to-day purposes, it is best to assume that all information which relates to a living individual constitutes personal information. We use “personal data” and “personal information” interchangeably in this template.
  4. You should list in this provision all of the different kinds of personal information which will be collected over or in relation to your website. We have suggested a number of common categories.
  5. If your site doesn’t use cookies, the paragraphs on cookies can be deleted.
  6. If you don’t use Google Analytics, you should check whether your analytics system uses cookies and include an appropriate explanatory paragraph if it does.
  7. so, you should provide details. The following paragraph gives an example.
  8. As a general rule, where you plan to use personal information you have collected for the purpose of direct marketing, this should be made clear on the page where the information is collected, and you should ensure that this only happens if users opt-in to the marketing (e.g. “Click here if you would like us to send you information by email about products which we think will interest you...”). There are however exceptions to this general rule. There are also rules about the content of direct marketing communications. If you are in any doubt about complying with your legal obligations in relation to direct marketing, you should seek professional advice.
  9. You must list here all the uses to which you will (or may in future) put personal data. Again, we have suggested some common categories.
  10. The relevant licence should be set out in the appropriate disclaimer/terms of use/terms of subscription etc. document.
  11. It is good practice to also say what you will not do with personal information (within reason).
  12. There is an obligation upon data controllers to store personal data securely. You should provide details of your security measures here.
  13. Changes to the policy – in particular as to permissible uses of personal data – may not be retrospective. In other words, if you collect personal information on one basis, you cannot, simply by changing the terms of your policy, go on to legitimately use that information on a different basis.


  1. What information do we collect?

    2. We may collect, store and use the following kinds of personal data:


    1. information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type, referral source, length of visit and number of page views])
    2. information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services
    3. information that you provide to us for the purpose of registering with us
    4. information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters

    5. any other information that you choose to send to us
    6. OTHER INFORMATION4

  2. Cookies5

    3. A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

    We [may] use [both] [“session” cookies] [and “persistent” cookies] on the website. [We will use the session cookies to: keep track of you whilst you navigate the website; [We will use the persistent cookies to: enable our website to recognise you when you visit;

    [Session cookies will be deleted from your computer when you close your browser.] [Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.]

    [We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google's privacy policy is available at: http://www.google.com/privacypolicy.html.] 6

    [Our [advertisers/payment services providers] may also send you cookies.]7

    Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites[, including this one].]

  3. Using your personal data

    4. Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website

    We may use your personal information to:

    1. administer the website;]
    2. improve your browsing experience by personalising the website;]
    3. enable your use of the services available on the website;]
    4. send to you goods purchased via the website, and supply to you services purchased via the website;]
    5. send statements and invoices to you, and collect payments from you;]
    6. send you general (non-marketing) commercial communications;]
    7. send you email notifications which you have specifically requested;]
    8. send to you [our newsletter and other] marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications)8 ;]
    9. provide third parties with statistical information about our users – but this information will not be used to identify any individual user;]
    10. deal with enquiries and complaints made by or about you relating to the website; and]
    11. [(k) OTHER USES.]9

      12. [Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.]10

      [We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.]11

      [All our website financial transactions are handled through our payment services provider, Paypal. You should only provide your personal information to Paypal after reviewing the Paypal privacy policy (available at www.paypal.com). We will share information with Paypal only to the extent necessary for the purposes of processing payments you make via our website.]12


  4. Disclosures

    5. We may disclose information about you to [any of our employees, officers, agents, suppliers or subcontractors] insofar as reasonably necessary for the purposes as set out in this privacy policy.

    In addition, we may disclose information about you:

    1. the extent that we are required to do so by law;
    2. in connection with any legal proceedings or prospective legal proceedings;
    3. in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
    4. to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.]

      5. Except as provided in this privacy policy, we will not provide your information to third parties.


  5. International data transfers13

    6. Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

    Information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Economic Areas (EEA).

    [In addition, [personal information that you submit for publication on the website] will be published on the internet and may be available, via the internet, around the world.]

    You expressly agree to such transfers of personal information.]

  6. Security of your personal data

    7. We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

    [We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted [using SSL technology].]14

    Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

    [You are responsible for keeping your password and user details confidential. We will not ask you for your password.]

  7. Policy amendments 15

    8. We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

    [We may also notify you of changes to our privacy policy by email.]

  8. Your rights

    9. You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).

    You may instruct us not to process your personal data for marketing purposes by email at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)

  9. Third party websites

    10. The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

  10. Updating information

    11. Please let us know if the personal information which we hold about you needs to be corrected or updated.

  11. Contact

    12. If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to advice@bankshift.net or by post to Tempsoft Ltd, Dalton house, 60 Windsor Avenue, London SW19 2RR

  12. Data controller

    13. The data controller responsible for our website is Tempsoft Ltd, Dalton house, 60 Windsor Avenue, London SW19 2RR




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