Search Engine Marketing Pros Terms of Service
| The following terms of service govern your use of the Search Engine Marketing Pros Web Site. Including any services and features available on or through the Web Site such as content writing services, seo services, hosting services, coding, script installations, and directory submissions. The Website is made available by Search Engine Marketing Pros. We may change the Terms of Service from time to time, at any time, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Service, you may not access or otherwise use the Site. 1. Proprietary Rights As between you and Search Engine Marketing Pros, with the exception, in some cases, of Submitted Materials, as defined below in Section 6, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, and the look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant you ownership of any content, code, data or materials that you may access on the Site. All information you submit to Search Engine Marketing Pros is held as confidential and is not shared with anyone other than those who will help complete the job you contract us for. All content we provide is considered a “work for hire” and all copyrights belong to you, the client, unless otherwise specified in an agreement between you and Search Engine Marketing Pros. Search Engine Marketing Pros agree not to reuse or redistribute the content we provided to you as long as you have paid in full for the content. Nonpayment of the agreed on price results in the copyrights belonging to Search Engine Marketing Pros. We also agree not to reuse the content we provide to you in the same form as provided to you. Search Engine Marketing Pros cannot be held responsible for similar content appearing anywhere nor can we be responsible for someone else misusing your content. It is your responsibility to police the content and protect your copyrights. Resellers of blog services or content provided by Search Engine Marketing Pros are bound with us as if they are the client and we are the provider. Any terms of service or contracts between resellers and clients remain between them and we shall not be held liable for what any reseller does with content or any other promises they make to their clients. All writers, bloggers, or other people who freelance or work for Search Engine Marketing Pros are held to agree to the following. A. Clients of Search Engine Marketing Pros cannot be used as your personal references. Your work is done for Search Engine Marketing Pros and not for the client. Any use of any Search Engine Marketing Pros Client’s Name for your personal gain, reference, or any other use may lead to legal action against you by the client or by Search Engine Marketing Pros. B. In some cases you may receive information about clients of Search Engine Marketing Pros. This information, by default, is to be considered confidential. You may not use or share this information with anyone outside of Search Engine Marketing Pros. C. No one who contracts to write content or do other work for Search Engine Marketing Pros may contact any client of Search Engine Marketing Pros without express permission of Search Engine Marketing Pros for any reason. By accepting work through Search Engine Marketing Pros, you agree to this no-compete clause even if you decide to stop accepting work from Search Engine Marketing Pros. You are allowed to accept work from any source while you accept work from Search Engine Marketing Pros and of course after you stop accepting work from Search Engine Marketing Pros; however any action on your part to contact clients of Search Engine Marketing Pros directly for the purpose of providing content to them will be cause for legal action. D. Search Engine Marketing Pros reserves the right to refuse any content or work you provide to us or to us for our clients. We are not obligated to notify you we did not accept the content or the work you provided. Due to the unreliability of email, it is your responsibility to request confirmation that we received any content or work you send to us. If you have no such confirmation, you may not be paid for that content since we may have not received it. If we paid you for the content you provided, we reserve all rights to that content. E. If we have to rewrite or edit the content you provide to Search Engine Marketing Pros, then that content belongs to us regardless of any financial obligations. If you accept work from Search Engine Marketing Pros, you agree to write content that can be passed on to the client as a finished product. If we have to rewrite or otherwise edit the content before it can be sent to the client, then the payment you receive for that content may be altered or you may not be paid at all, depending on the quality of the content you provided. F. As a content provider to Search Engine Marketing Pros, you may not reuse any content you provide to us in any way. 2. Limited License You may access and view the content on the Site on your computer or other Internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the Sites services and any content and materials on the Site, are only for your personal, non-commercial use. 3. Prohibited Use You may not commercially distribute, publish or exploit the Site, or any content, code, data or materials on the Site, unless you have received the express written prior permission of Search Engine Marketing Pros or the applicable rights holder. Other than as set forth in Section 2 of these Terms of Service, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be liable for such unauthorized use. Search Engine Marketing Pros will enforce its intellectual property rights to the fullest extent of the law. 4. Trademarks The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of Search Engine Marketing Pros and other owners and may not be used unless authorized by the trademark owner. Search Engine Marketing Pros will enforce its Trademark rights to the fullest extent of the law. 5. User Information In the course of your use of the Site, you may be asked to provide certain personal information to us. Our information collection and use policies with respect to the privacy of such personal information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. You, and not Search Engine Marketing Pros, are responsible for the accuracy, currency and content of such information. 6. Submitted Materials Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, online meetings and/or our blogs, or send to us via e-mail) (Submitted Materials) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with Search Engine Marketing Pros’ Privacy Policy. By submitting or sending Submitted Materials to us, unless we agree otherwise specifically in writing, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights to such Submitted Materials (in whole or in part), and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time. 7. Prohibited User Conduct You agree that, while using the Web Site and the Web Sites various services and features, you will not: impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any person or entity, including without limitation, anyone from Search Engine Marketing Pros or the Site; insert your own or a third party’s advertising, branding or other promotional content into any of the Web Sites content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Search Engine Marketing Pros or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means; engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information; engage in any automatic means of accessing, logging-in or registering on the Site or for any of the Site’s services or features, or obtaining lists of users or obtaining or accessing other information, services or features on, from or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; use the Site or the Sites services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, or interfere with any other parties use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; use the Web Site or the Web Sites services or features in violation of Search Engine Marketing Pros’ or any third parties intellectual property or other proprietary or legal rights; use the Site or the Sites services in violation of any applicable law; attempt (or encourage or support any one else attempt) to circumvent, reverse engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with the Site or the Site’s services, or any content on the Site or the Site’s services; or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site. 8. Public Forums, Blogs, and Article Directories We may, from time to time, make online communities, messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you will not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which: restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services; are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or are otherwise objectionable to Article Content Provider and Search Engine Marketing Pros, in its discretion; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary rights; contain a virus, spyware, or other harmful component; contain embedded links, advertising, chain letters or pyramid schemes of any kind; or constitute or contain false or misleading indications of origin, endorsement or statements of fact is important to remember that comments, materials and information submitted to a public forum or online community may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read, view or access them eventually. Therefore, you should not disclose any sensitive, personal, proprietary or confidential information, about yourself or others, in your comments or other submissions to our public forums or other online communities, such as to our blog(s). 9. Right to Monitor and Editorial Control We reserve the right (but have no obligation) to monitor or review all materials posted or submitted to the Web Site or through the Web Site’s services or features by users (including, for example and without limitation, our blog(s)), and we are not responsible for any such materials posted by users. However, we may disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, delete or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service, our policies or applicable law. 10. Linking to the Web Site We may insist that any link to the Web Site be discontinued, and we may revoke your right to link to the Web Site from any other web site at any time upon written notice to you, and in such event you agree to discontinue any such linking activity. 11. Indemnification You agree to defend, indemnify and hold Search Engine Marketing Pros, its affiliates, and its and their directors, officers, employees, trustees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms of Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. 12. Orders for Products and Services We may make certain products available to visitors and registrants of the Site. You may only order products if you are 18 years old or older. You agree to pay in full the prices (and all applicable taxes) for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Search Engine Marketing Pros. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download. 13. Third Party Web Sites You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for, nor do we endorse or sponsor, the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. 14. Copyright Agent We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Search Engine Marketing Pros Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. � 512(c)(2), named below: Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; (There may be a charge to have content removed, if it will cost Search Engine Marketing Pros to remove it. Our cost will be passed on to you, the claimant. A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 15. DISCLAIMER OF WARRANTIES THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S)) SHALL CREATE ANY WARRANTY. Search Engine Marketing Pros ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH SEARCH ENGINE MARKETING PROSOR ITS AGENTS. 16. LIMITATION OF LIABILITY IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Search Engine Marketing Pros OR ITS AFFILIATES OR ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO Search Engine Marketing Pros FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE. 17. Applicable Laws We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Service waive their respective rights to a trial by jury. 18. Termination We may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. We may restrict, impose limits on, suspend or terminate your access to the Site and/or its services or features (e.g., our blog(s)) if we believe you have violated our Terms of Service or applicable law, or for any other reason without notice or liability. Search Engine Marketing Pros maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights. 19. Changes to Terms of Service Search Engine Marketing Pros reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes to the Terms of Service will be effective when posted. |
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