Terms of Service in a nutshell
All information, software, products, services and materials are provided “as is” without warranty of any kind. In no event shall SEO Effect, Screenborn or its suppliers be liable for any damages whatsoever.
Due to the nature of our services, a refund is not possible. Please use the free trial or a first purchase for a reasonable period to assure that SEO Effect is what you are looking for.
Of course, we will do our best do help you use the service as good as we can.
You cannot use the service to do any thing illegal, damaging or annoying. We can cancel your account if you do that without a refund.
In depth Terms of Service
By subscribing to any service offered on the SEO Effect site, You make the following representations and warranties. Screenborn shall have the right to terminate Your SEO Effect account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect. You represent and warrant that:
• You and all users of the Screenborn Network approved by you are at least eighteen (18) years of age; • You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the SEO Effect service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company; • You will not use the Screenborn Network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); • All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration, subscription and billing process; • Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and • You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site. By using the SEO Effect Network, You agree that You will defend and indemnify Screenborn and its suppliers from any third party claim related to a breach of any of the foregoing warranties. By using the Screenborn Network, You agree that You will defend and indemnify Screenborn and its suppliers from any third party claim related to a breach of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF THE SEO Effect NETWORK
The Screenborn Network is provided to assist You with the operation of Your business. Your right to use the SEO Effect Network is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and Your SEO Effect account. Screenborn reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor Your compliance with these Terms of Service and the Additional Terms. Screenborn reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Screenborn Network, except as expressly provided herein. You may not use a name in connection with operating Your SEO Effect Web site that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to Your identity. You may not restrict or inhibit any other user from using and enjoying such users rights in SEO Effect. You may not interfere with or disrupt the Screenborn Network or servers or any network connected to SEO Effect. You may not use the Screenborn Network or the products or services provided through or in connection with the SEO Effect Network to: 1. rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party; 2. defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person; 3. conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including “spamming”) or multi-level or illegal marketing campaigns; 4. harm minors in any way; 5. publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another’s computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; 6. sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third partys rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any SEO Effect services or Your Web site would cause Screenborn to violate any law, statute or regulation; or any other illegal activity; 7. harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; 8. violate any applicable government laws or regulations. You may not reproduce or redistribute any Software, as that term is defined in the Section entitled “Software Available on the Screenborn Network.” You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Screenborn Network, or in any product, service or Software provided through the Screenborn. The information provided by Screenborn to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Screenborn with any third party.
TERMS RELATED TO FEES, PRICING AND BILLING FEES
Some products and services available through or in connection with SEO Effect require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your SEO Effect account by you or anyone else using Your account. Screenborn reserves the right to modify the fees charged for SEO Effect products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Screenborn notifies You via email or otherwise of such modified fees. PRICING Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on Your On-line Statement or charged to Your Billing Account or Payment Method. The price on your SEO Effect Checkout page for products, services and items obtained through the Screenborn Network (the “Products”) reflects the most recent price displayed on the items product detail page. Please note that this price may differ from the price shown for the Product when You first placed it in SEO Effect Checkout (e.g. you place an item in the SEO Effect checkout, but you waited several days before submitting the order and the price changed between placing the item in SEO Effect checkout and submitting the order). We cannot confirm the price of a Product until You submit Your order; however, we do NOT charge Your Billing Account until Your order completes the SEO Effect Checkout process. Despite our best efforts, a small number of Product items may be mispriced or the offer has expired and the following will apply: • If a Product’s correct price is lower than our stated price, we charge you the lower amount. • If a Product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
BILLING CHARGES ON YOUR BILLING ACCOUNT
Screenborn bills you through an online account (Your “Billing Account”) for Products. You agree to pay Screenborn all charges at the prices then in effect for any Products ordered by you or other persons (including Your agents) using Your Billing Account, and you authorize Screenborn to charge Your chosen payment method (Your “Payment Method”) for such Products. You agree to make payment using that selected Payment Method. Charges on Your Billing Account will be summarized for you online (Your “Online Statement”). You will have one Online Statement per Billing Account. Screenborn reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Screenborn IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTP://ORDER.SEOEFFECT.COM. IF YOU FAIL TO PROVIDE Screenborn ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Screenborn MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).
Currency exchange settlements will be based on Your Payment Method and may be determined by agreements between you and the financial institution, creditcard issuer or other provider of Your chosen Payment Method (the “Payment Method Provider”. If Screenborn does not receive payment from Your Payment Method Provider, you agree to pay all amounts due on Your Billing Account upon demand. If the amount to be charged to Your Billing Account varies from the amount you preauthorized, you have the right to receive, and Screenborn shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern Your use of Your Payment Method. You agree that Screenborn may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Screenborn MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Screenborn REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO HTTP://ORDER.SEOEFFECT.COM.
Your non-termination or continued use of the Products on Your Billing Account reaffirms that Screenborn is authorized to charge Your Payment Method. Screenborn may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Screenborns right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.
Your Online Statement will be available when you log-in at http://order.seoeffect.com. Subject to applicable law, you agree that the Online Statement is the only statement of Your Billing Account that Screenborn needs to provide to you.
YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR STORE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS.
While you may request a paper copy of Your Online Statement, you will be charged a retrieval fee. To request a paper copy of Your Online Statement, go to http://order.seoeffect.com. Paper copies of Your Online Statement will only be provided for 120 days from the date of the Online Statement. Screenborn will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time; however, Your inability to view an Online Statement does not extend, or relieve you of, Your obligation to pay any amounts owing to Screenborn. Unless you notify Screenborn of any error within 120 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by Your Payment Method Provider.
TO THE EXTENT ALLOWED BY LAW, YOU RELEASE Screenborn FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO Screenborn WITHIN 120 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT. DUE DATE; LATE CHARGE;
CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, Screenborn MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A Screenborn SERVICE MAY NOT BE RETRIEVED AT A LATER DATE. TERMINATION, CANCELLATION OR SUSPENSION;
Screenborn may, in its discretion, terminate, cancel, or suspend an accepted order if Screenborn is notified that Your Payment Method has expired or has been canceled, or if Screenborn has reason to believe that any Billing Account information provided to Screenborn is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or Screenborn, will not alter Your obligation to pay all charges made to Your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before Screenborn could reasonably act on Your termination notice ). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension unless these Terms of Service or the cancellation policy on the cancellation policy page of the SEO Effect website expressly so provides. If You notify Screenborn by phone at the number found on the cancellation policy page of the SEO Effect website or in writing that You are canceling one or more SEO Effect services or products, fees pre-paid by You to Screenborn for SEO Effect products or services will be credited back to Your applicable credit card in accordance with the cancellation policy. Screenborn is not required to refund directly to You any amounts paid hereunder. In the event that Screenborn terminates Your SEO Effect account or one or more of Your SEO Effect services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense. GENERAL You represent and warrant that you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with Your responsibilities and obligations as stated in these Terms of Service. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of these Terms of Service and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in Your Billing Account.
You acknowledge that if You cancel any subscriptions to a SEO Effect service that You may not be entitled to a refund of all or part of amounts already paid by You for such SEO Effect subscription. You agree that (a) SEO Effects cancellation policy will be posted on the SEO Effect Web site and may be changed from time to time by SEO Effect in its sole discretion and (b) the cancellation policy posted at the time you cancel Your subscription shall govern the amount of the refund (if any) due to you. CHANGES TO SERVICES, TERMINATION BY SEO Effect Screenborn may change any of the SEO Effect services at any time and from time to time without notice, including terminating the offering of any SEO Effect service altogether.
Screenborn may terminate Your account, Your access to SEO Effect or any of Your SEO Effect services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your SEO Effect services or from using the Screenborn Network or from receiving any products, services or benefits from SEO Effect, if Screenborn determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Screenborn receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the Screenborn Network and there will be no refund of any fees prepaid by You. If You subscribe to a SEO Effect service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) Your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the SEO Effect service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.
LINKS TO THIRD PARTY SITES
Links within the Screenborn Network may let You leave the Screenborn site. You acknowledge that the linked sites are not under the control of Screenborn and that Screenborn is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Screenborn is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Screenborn of the linked site or any association with their operators.
LICENSE YOU GRANT TO SEO Effect
Screenborn does not claim ownership of the materials You provide to Screenborn (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of SEO Effect or any Web site (“Your Web Site”) created by You or on Your behalf in connection with the use of SEO Effect (collectively “Submissions”. However, You grant Screenborn a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of SEO Effect. You also grant Screenborn the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to Screenborns or its sublicensees use of the materials as licensed above. Screenborn is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Screenborns sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Screenborn Network, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant Screenborn the license set forth above, and You will defend and indemnify Screenborn and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties. You grant Screenborn permission to use screen shots of any Web page that contains a link to SEO Effect or SEO Effect HTML code (with respect to the Screenborn Banner Network) in SEO Effect promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.
SOFTWARE AVAILABLE ON
The Screenborn Network Software (if any) that is made available to download from or otherwise used through the Screenborn Network, excluding software that may be made available by third parties via SEO Effect, (“Software”) is the copyrighted work of Screenborn and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, SEO Effect hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular SEO Effect Web Site or SEO Effect service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Screenborn and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the Netherlands. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Dutch export restrictions. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. You are responsible for ensuring the Software is marked with the “Restricted Rights Notice” or “Restricted Rights Legend,” as required. All rights not expressly granted are reserved.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through the Screenborn Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the Screenborn Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation. Your access to and use of the Screenborn Network, and products and services of SEO Effect, is at Your own risk. Screenborn makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the SEO Effect Network, or such products or services. Without limiting the foregoing,
NEITHER Screenborn NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN SEO Effect FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Screenborn AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARDTO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Screenborn OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION: • DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SEO Effect OR RELATED SERVICES, OR • WITH THE DELAY OR INABILITY TO USE SEO Effect OR RELATED SERVICES; • THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH SEO Effect; OR • OTHERWISE ARISING OUT OF THE USE OF SEO Effect, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Screenborn OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SEO Effect, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SEO Effect NETWORK AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, Screenborn is not responsible for any of Your data residing on Screenborn and Screenborn hardware or systems, including such hardware or systems provided to Screenborn by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Screenborn or SEO Effect hardware or systems, including such hardware or systems provided to Screenborn by third parties, whether or not such information is produced through the use of SEO Effect, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Screenborn Network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Screenborn will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Screenborn Network, its services or products; (b) Your customers use of Your Web site hosted by or created through SEO Effect and Your products and services; (c) use of the Screenborn Network by any other party to whom You have given access to Your company information for use of the Screenborn Network; (d) errors, bugs or other defects in the Screenborn Network; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the SEO Effect Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Screenborns records, programs or services.
You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the SEO Effect Network. Screenborn is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your SEO Effect information, through the use of the Screenborn Network. Screenborn is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the Screenborn Network. Screenborn is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through SEO Effect. Screenborn is not acting as Your or any third partys agent in connection with the operation of SEO Effect. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions.
Further, because Screenborn is not involved in any orders or other transactions between You and other users of SEO Effect or other marketplace forums, Screenborn cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise. Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site or on any SEO Effect service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source (“payor”). Screenborn is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. Screenborn makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using SEO Effect. INDEMNITY You agree to defend, indemnify and hold Screenborn and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-partys rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Screenborn or Your use of SEO Effect.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
Screenborn reserves the right to deny in its sole discretion any user access to SEO Effect or any portion thereof without notice. You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Screenborn Network resulting from any third party using a password or user name issued to You. You agree to notify Screenborn immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Screenborn Network known to or suspected by You. You may change Your password at any time by following instructions on the SEO Effect Web site. You hereby authorize Screenborn to rely on any data, notice, instruction or request furnished by You to Screenborn, or that Screenborn reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Screenborn is not responsible for fraud of participants or of other users of Your account.
YOUR CUSTOMER DATA
The example companies, organizations, products, people and events depicted within SEO Effect are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred. Screenborn is not obligated to monitor the content on SEO Effect. Screenborn reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Screenborns Privacy Statement located at http://www.Screenborn.com/info/privacy.htm. Screenborn reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the SEO Effect Web sites, in Screenborns sole discretion, without notice at any time. Any rights not expressly granted herein are reserved by Screenborn, including all legal and equitable remedies available to Screenborn or violation of any of these Terms of Service.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Screenborn Network are: Copyright (c) 1996 – 2014 Screenborn and/or its suppliers, c/o Screenborn, Zijlweg 113, 2013 DE Haarlem, the Netherlands. All rights reserved.
TRADEMARKS SEO Effect
is either a trademark or registered trademark of Screenborn. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved by Screenborn.
Legal & Copyright Information
SEO Effect, it’s divisions, related web sites, and all respective text, images and other content are © 2000-2014 Screenborn. Any use, reuse, redistribution and/or modification of said content is a violation of Dutch and International copyright laws. Violators will be prosecuted to the fullest extent of these laws.