SEO SAMBA WEB SITE AND PRODUCTS TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
SEO Samba, Corp. ("SEO Samba") provides businesses and SEO professional organizations with (i) a variety of tools and resources to optimize one or multiple websites for search engines, and (ii) a variety of related offerings, including template design, hosting and more. Any offerings are referred to in these Terms and Conditions of Use as the "Products). SEO Samba's Products may not be used for spamming search engines indexes with irrelevant and sub-standard content.
The following are the terms and conditions for access to this web site and use of the Products. By clicking the "I accept" button on the sign-up page or by logging in to SEO Samba, you accept these terms and conditions.
Copyright and Trademark Information
Copyright C 2007-2022 SEO Samba,Corp. All rights reserved.
This web site, and the information which it contains, is the property of SEO Samba and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "SEO Samba" and the SEO Samba logo are registered trademarks of SEO Samba, Corp., under the applicable laws of the United States and/or other countries. Other SEO Samba product or service names or logos appearing in this Site are either trademarks or registered trademarks of SEO Samba, Inc. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of SEO Samba's trademark or other intellectual property rights concerning that name or logo.
Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
The Products may not be used for spamming search engine indexes.
The Products may only be used for lawful purposes.
The Products will be subject to monthly subscription or per unit fees once you have completed your free trial period. For more information on fees, see Section 4 below and the Fee Schedule.
Products and Support
The Products are provided subject to these Terms and Conditions of Use, as they may be amended by SEO Samba, and any guidelines, rules or operating policies that SEO Samba may establish and post from time to time (collective, the "Agreement"). By posting updated versions of the Agreement on the seosamba.com website, or otherwise providing notice to you, SEO Samba may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Products in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at SEO Samba's website. The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the SEO Samba sign up web page in order to use the Products. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form. You may from time to time provide SEO Samba's service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Products. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by SEO Samba or its personnel.
Free Trial; Fees and Payment
4.1 Fees for Website Marketing Product. For the Website Marketing Product, once you have completed your free trial period, you will be subject to monthly subscription fees in accordance with the www.seosamba.com/ fee schedule (the "Fee Schedule"). The Fees are based on the number of domains published in your account at any time during the previous month. You will be required to submit payment monthly in advance for the Website Marketing Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Website Marketing Product. Access to the Website Marketing Product will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Website Marketing Product. If selected by you, you will also be billed for premium features as they become available.
4.2 Fee Schedule; Discounts. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by SEO Samba. The Fee Schedule, including domain charges, is subject to change at any time in SEO Samba's sole discretion. SEO Samba will use good faith efforts to notify you via email prior to the effectiveness of any change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case SEO Samba's standard rates will apply. SEO Samba may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.
4.3 Payment. Payment for Products will be made by a valid credit card accepted by SEO Samba. Checks will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize SEO Samba to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If SEO Samba is for any reason unable to effect automatic payment via your credit card, SEO Samba will attempt to notify you via email and your SEO Samba account will be disabled until payment is received. Amounts paid for the Products are not refundable.
Quality Standard, Prohibited Content
5.1 Quality Standard. You cannot copy a SEO Samba template or any other features or functionality from the Products and use them for any purpose other than publishing a website from the Products. SEO Samba, in its sole discretion, shall determine whether your website is within industry quality norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. SEO Samba will terminate your use of its Products if SEO Samba determines that your website's quality is below than industry norms. SEO Samba will use a number of criteria to determine a website's intrinsical quality and in relation to its industry's standard. Some of these criteria include but are not limited to:
Avoid hidden text or hidden links.
Don't use cloaking or sneaky redirects.
Don't load pages with irrelevant keywords.
Don't create multiple pages, subdomains, or domains with substantially duplicate content.
Don't create pages with malicious behavior, such as phishing or installing viruses, trojans, or other badware.
Avoid "doorway" pages created just for search engines, or other "cookie cutter" approaches such as affiliate programs with little or no original content.
If your site participates in an affiliate program, make sure that your site adds value. Provide unique and relevant content that gives users a reason to visit your site first.
5.2 Prohibited Content. SEO Samba prohibits the use of the Products or web site by any person or entity that:
Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
5.3 Right to Disable Access. SEO Samba, at its own discretion, may immediately disable your access to the Products without refund if SEO Samba believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
Restrictions and Responsibilities
6.1 No Rights in Software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.
Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by SEO Samba in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.
6.2 Permitted Use of the Products. The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that SEO Samba perform such work at its standard professional services rates. SEO Samba can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
6.3 Compliance with Laws; Monitoring. You shall use the Products only in compliance with this Agreement, and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although SEO Samba has no obligation to monitor the content provided by you or your use of the Products, SEO Samba may do so and may block any webpage, remove any such content or prohibit any use of the Products that SEO Samba believes may be (or is alleged to be) in violation of the foregoing.
6.4 Indemnification. You hereby agree to defend, indemnify and hold harmless SEO Samba and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that SEO Samba has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
6.5 Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to SEO Samba. SEO Samba may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of SEO Samba, SEO Samba may share your information with the marketing partner and the marketing partner may share related information with SEO Samba. SEO Samba will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from SEO Samba. SEO Samba will never sell or rent your website information to anyone without your permission. In the event SEO Samba amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
6.6 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to SEO Samba or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to SEO Samba by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to SEO Samba by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-SEO Samba a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
You may terminate this Agreement at any time by calling SEO Samba Customer Support. There are no refunds for any fees paid.
SEO Samba may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. SEO Samba shall have no liability to you or any third party because of such termination or action.
SEO Samba may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at SEO Samba's sole discretion) as inactive for over 120 days, SEO Samba has the right to permanently delete your websites data. SEO Samba will use good faith efforts to contact you via email prior to taking any permanent removal actions.
Warranty Disclaimer; Remedies
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. SEO SAMBA DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND SEO SAMBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for SEO Samba to use commercially reasonable efforts to adjust or repair the Products.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SEO SAMBA OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "SEO SAMBA") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SEO SAMBA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, SEO SAMBA IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF SEO SAMBA TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY SEO SAMBA TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Restricted Persons; Export of Products or Technical Data
You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify SEO Samba within twenty-four (24) hours, and SEO Samba shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to SEO Samba.
You agree that you shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
Links to Third-Party Web Sites
This web site may contain links to non-SEO Samba web sites. These links are provided to you as a convenience, and SEO Samba is not responsible for the content of any linked web site. Any non-SEO Samba web site accessed from this web site is independent from SEO Samba, and SEO Samba has no control over the content of that web site. In addition, a link to any non-SEO Samba web site does not imply that SEO Samba endorses or accepts any responsibility for the content or use of such web site.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by SEO Samba of that third party or of any product or service provided by a third party.
Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting SEO Samba's copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
SEO Samba's agent for copyright issues relating to this web site is as follows:
SEO Samba Corp.
2140 S Dupont Highway, Camden, Delaware, 19934
Phone: (877) 450-9894
Email: email@example.com firstname.lastname@example.org
In an effort to protect the rights of copyright owners, SEO Samba maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
Open Positions on Career Pages
SEO Samba may list open employment positions on this web site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this web site or made available through this web site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.
Username and Password
You are responsible for maintaining the security of your account, passwords, and files. SEO Samba will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. SEO Samba has no knowledge of your organizational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. SEO Samba shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
16.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
16.2 SEO Samba and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
16.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind SEO Samba in any respect whatsoever.
16.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
16.5 The Agreement shall be governed by the laws of the Delaware, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Delaware.
If you have any questions about the rights and restrictions above, please contact SEO Samba by email at email@example.com firstname.lastname@example.org.
Copyright C 2007-2022 SEO Samba Corp.
Address: 2140 S Dupont Hwy , Camden, Delaware 19934