I. Overview and Definitions
Digital Web Properties offers businesses and individuals services of on and off-page SEO, content strategy and web development services including but not limited to site audits, keyword research, local SEO, large SEO campaigns, guest posting, white-label link-building, organic link building, link removal, broken link building, competitive analysis, brand mentions, social media marketing, reputation management, bulk article writing, onsite content strategy, content marketing, video script writing, user-generated-content, WordPress site development, website migration, website management and online business consultancy, henceforth referred to as “Services” in the present Agreement.
Digital Web Properties Services may be offered through the digitalwebproperties.com domain, referred to as the “Site” in this Agreement.
You may access the Site or Services with a free account as a user (“User”). While access to certain portions of the Site and selected features of the Services is free, Digital Web Properties reserves the right to charge fees for features and benefits associated with the Site or Services at any time.
A User who subscribes with a registered account on the Site shall be referred to as a “Subscriber” in this Agreement, while the business or individual purchasing services will be referred to as “Customer” in this Agreement.
II. Conditions Governing All Users of Digital Web Properties Services and Site Access
The Services are available only to Users:
- Who are human and 13 years of age or older, and Users who are also Subscribers or Customers must be at least 18 years old.
- Who submit truthful and accurate information about themselves and maintain the accuracy of such information.
- Who do not impersonate any other person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site.
- With a valid email address.
- Who do not to authorize others to use their account, profile, or messages.
You agree to inform Digital Web Properties immediately upon learning of a security breach that relates to your account or a third party’s improper use of the Services in connection with your account.
You agree that your rights regarding any paid Services may be dependent upon demonstrating that you have paid for the aforementioned Services.
While some Services may be paid for via invoice by mutual written agreement by you and Digital Web Properties, Digital Web Properties reserves the right to quote additional fees for invoiced accounts. If Digital Web Properties has entered into an invoicing relationship with you, the following terms apply unless superseded by written agreement: you agree to pay all undisputed invoices within 30 days. You agree that Digital Web Properties may charge interest of 1.5% per month for past due invoices, or the highest rate permitted by law, and you agree to be liable for reasonable attorney fees and collection costs arising from Digital Web Properties’ efforts to collect on past due amounts; If you fail to pay an invoice, Digital Web Properties reserves the right to cancel your subscription, access to any Services and any data associated with your subscription or the Services.
You acknowledge that portions of the Site and Services are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
III. User Obligations Regarding User Generated Content
Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a User uploads, publishes or displays on the Site or in connection with the Services, whether publicly posted or privately transmitted, shall be referred to herein as “User Generated Content.” Users assume the following obligations with User Generated Content:
- Users assume legal responsibility for all User Generated Content.
- Users agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting, transmission or sharing of any User Generated Content via the Site or Services.
- Users agree not to post, transmit, or share User Generated Content on the Site or Services that User does not have permission to post, transmit or share.
IV. Digital Web Properties Obligations Regarding User Generated Content
Digital Web Properties assumes no obligations to screen and does not routinely pre-screen User Generated Content posted via the Site or in connection with the Services. Digital Web Properties does not guarantee the accuracy, integrity, appropriateness, quality, or validity of User Generated Content. User Generated Content does not necessarily represent the views or opinions of Digital Web Properties and under no circumstances will Digital Web Properties be liable in any way for any User Generated Content, including without limitation liability related to any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Site. As such, you are solely responsible (at your own expense) for creating backup copies and replacing any User Generated Content you post on the Site or otherwise provide to Digital Web Properties. Notwithstanding its lack of obligation, Digital Web Properties may remove any User Generated Content at any time at its sole discretion, including User Generated Content that in the sole judgment of Digital Web Properties violates this TOU or which may be offensive, illegal, or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. Digital Web Properties assumes no obligation to maintain or store your content. Digital Web Properties may delete, modify, or restrict the display of User Generated Content at any time for any reason, including but not limited to a change in Subscriber account level, Services cancellation, violation of the TOU, or violation of the Digital Web Properties Etiquette; once deleted, User Generated Content may not be retrieved.
V. Digital Web Properties’ Permitted Use of User Generated Content and User Data.
Digital Web Properties does not claim ownership of User Generated Content. Subject to the rights granted to Digital Web Properties in this TOU, you retain full ownership of all of User Generated Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it.
When you post User Generated Content to the Site, you authorize and direct Digital Web Properties to make such copies as Digital Web Properties deems necessary to facilitate the posting and storage of User Generated Content on the Site and provide the Services to you.
You further authorize Digital Web Properties to anonymize and aggregate User Generated Content and any data you share with us (“User Data”), including data associated with your google analytics and social media profiles. You authorize Digital Web Properties to use such content and data, by way of example and not limitation, to enable Digital Web Properties to provide current or future services and for benchmarking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the Site (including authorization to access any third party account or profile), you grant Digital Web Properties, its affiliates and partners an irrevocable, perpetual, worldwide, royalty free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated User Generated Content and User Data, in all present and future media, and in any manner relating to the Site or Services.
In addition, with respect to User Generated Content that you elect to post or transmit on the community portions of the Site (“Interactive Content”), including without limitation your User Profile, the Digital Web Properties Blog, and the Q&A service, and any other future Digital Web Properties Site or services that are designed to be viewed by the public or other Subscribers or Users, you grant to Digital Web Properties, its affiliates and partners an irrevocable, perpetual, worldwide, royalty free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such Interactive Content, in whole or in part, in all present and future media and in any manner relating to the Site or Services (including, without limitation, in connection with the appearance of such Interactive Content on Digital Web Properties and on the Site of our affiliates, partners and others with whom Digital Web Properties may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that Digital Web Properties is free to use any ideas, know-how, concepts, techniques or other materials implied by Interactive Content.
You may remove Interactive Content from the Site at any time. If you choose to remove Interactive Content, any license granted above for the content shared by on you on the community portions of the Site will remain in effect. You acknowledge that Digital Web Properties may retain archived copies of such Interactive Content.
VI. Services Limitations.
Digital Web Properties may establish limits concerning use of the Services at its discretion, including by way of example the frequency with which you may access the Services or your ability to post User Generated Content. Digital Web Properties reserves the right to modify or discontinue the Services (including any part or feature thereof) at any time without notice. You agree that Digital Web Properties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
VII. Trademarks; Copyrights; Proprietary Rights
Digital Web Properties owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site (“Digital Web Properties Content”). Digital Web Properties Content specifically excludes User Generated Content.
Digital Web Properties owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with Digital Web Properties Content, the Site, and the Services.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Digital Web Properties Content in whole or in part except as expressly authorized in writing by Digital Web Properties. Digital Web Properties does not grant any express or implied rights in Digital Web Properties Content to Users, and all rights in and to the Site and to Digital Web Properties’ Content are retained and reserved by Digital Web Properties.
Moreover, the terms Digital Web Properties and anything on the Site that identifies or distinguishes Digital Web Properties from other goods are services are registered or unregistered trademarks of Digital Web Properties (the “Digital Web Properties Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the Digital Web Properties Trademarks without Digital Web Properties’ prior written consent.
VIII. Copyright Infringement
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Digital Web Properties at firstname.lastname@example.org.
You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Services that you claim is infringing with enough detail so that Digital Web Properties may locate it; provide 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; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit Digital Web Properties to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.
Upon receipt of notice as described above, Digital Web Properties will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Services or termination of the posting account.
IX. User Indemnification of Digital Web Properties for Certain Actions
X. Digital Web Properties Warranties and Limitations
Digital Web Properties provides the Services “as-is”. Digital Web Properties provides no express warranties, guarantees, or conditions related to the Site or Services. To the extent permitted by law, Digital Web Properties disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement, and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, Digital Web Properties does not warrant that the Site or Services will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User or Subscriber. Users may have additional rights as a consumer under local law that this Agreement cannot change.
XI. LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS
You acknowledge that Digital Web Properties cannot provide the Services at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Site or Services, you agree to limit Digital Web Properties’ potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the bargain between Digital Web Properties and you as a User.
Digital Web Properties does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will Digital Web Properties or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Users.
To the extent permitted by applicable law, Digital Web Properties shall not be liable for any consequential, special, or incidental damages or lost profits resulting from your access to or use of the Site or Services, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. This includes your inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Services or any part thereof) the Site or Services. Without limiting the foregoing, you specifically acknowledge that Digital Web Properties is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to the Site, Services or its content; third party Internet Site, programs or conduct; viruses or other disabling features; incompatibility between the Services and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Services in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or even if Digital Web Properties knew or should have known about the possibility of the damages.
Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
XII. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, and without limitation, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree not to use the Digital Web Properties Service in a way that impacts the normal operation, privacy, integrity or security of another’s property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use the Digital Web Properties Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
XIII. Miscellaneous Clauses
Changes to Services
Digital Web Properties may change the Services from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Services. Digital Web Properties reserves the right to cancel, suspend, or block your access to the Site or Services at its sole discretion for violations of these terms, the Digital Web Properties Etiquette, or for any other reason and without notice (subject to any contractual rights you have with specific Services), and access to any Services is dependent upon you complying with any applicable laws.
By accessing the Site or Services, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.
If Digital Web Properties must send you additional information regarding the Site or Services, or in connection with this Agreement, you consent to receiving this information electronically. Digital Web Properties may provide required information to you by email at any address you registered with the Site or Services or via the Site or Services itself. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. Digital Web Properties is not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.
Additional Rights and Obligations
If any provision of this TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. Digital Web Properties may assign rights or delegate duties under this TOU in connection with a merger, reorganization, or sale of substantially all of its assets. This TOU will bind successors and permitted assigns.