Seo Worx Website Terms of Service

1.WEB SITE SERVICE AGREEMENT/TERMS OF USE & SERVICE

The services that Seo Worx Pty Ltd provides to Users is subject to the following Terms of Use (“TOU”). Seo Worx Pty Ltd reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

A.This Agreement, which incorporates by reference other provisions applicable to use of the ‘Seo Worx Pty Ltd Website’, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained on ‘Seo Worx Pty Ltd Website’, sets forth the terms and conditions that apply to use of ‘Seo Worx Pty Ltd Website’ by User. By using Seo Worx Pty Ltd (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use ‘Seo Worx Pty Ltd Website’ is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.

B.Seo Worx Pty Ltd shall have the right at any time to change or discontinue any aspect or feature of ‘Seo Worx Pty Ltd Website’, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2.CHANGED TERMS

Seo Worx Pty Ltd shall have the right at any time to change or modify the terms and conditions applicable to User’s use of ‘Seo Worx Pty Ltd Website’, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on ‘Seo Worx Pty Ltd Website’, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of ‘Seo Worx Pty Ltd Website’ by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3.DESCRIPTION OF SERVICES

Through its Web property, Seo Worx Pty Ltd provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

4.EQUIPMENT

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of ‘Seo Worx Pty Ltd Website’ and all charges related thereto.

5.USER CONDUCT

A.User shall use the ‘Seo Worx Pty Ltd Website’ for lawful purposes only. User shall not post or transmit through the ‘Seo Worx Pty Ltd Website’ any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without Seo Worx Pty Ltd ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Seo Worx Pty Ltd’s discretion restricts or inhibits any other User from using or enjoying the ‘Seo Worx Pty Ltd Website’ will not be permitted. User shall not use the ‘Seo Worx Pty Ltd Website’ to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Seo Worx Pty Ltd.

B.‘Seo Worx Pty Ltd Website’ contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ‘Seo Worx Pty Ltd Website’ are copyrighted as a collective work under the Australian copyright laws. Seo Worx Pty Ltd owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Seo Worx Pty Ltd and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

C.User shall not upload, post or otherwise make available on the ‘Seo Worx Pty Ltd Website’ any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the ‘Seo Worx Pty Ltd Website’, User automatically grants, or warrants that the owner of such material has expressly granted Seo Worx Pty Ltd the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Seo Worx Pty Ltd the right to edit, copy, publish and distribute any material made available on the ‘Seo Worx Pty Ltd Website’ by User.

D.The foregoing provisions of Section 5 are for the benefit of Seo Worx Pty Ltd, its subsidiaries, affiliates and its third party content providers and licensor’s and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6.USE OF SERVICES

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

Seo Worx Pty Ltd has no obligation to monitor the Communication Services. However, Seo Worx Pty Ltd reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Seo Worx Pty Ltd reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Seo Worx Pty Ltd reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Seo Worx Pty Ltd’s sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. Seo Worx Pty Ltd does not control or endorse the content, messages or information found in any Communication Services and, therefore, Seo Worx Pty Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Seo Worx Pty Ltd spokespersons, and their views do not necessarily reflect those of Seo Worx Pty Ltd.

7.MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the services requires user to open an account, user must complete the registration process by providing Seo Worx Pty Ltd with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of user’s password and account. Furthermore, user is entirely responsible for any and all activities that occur under user’s account. User agrees to notify Seo Worx Pty Ltd immediately of any unauthorized use of user’s account or any other breach of security. Seo Worx Pty Ltd will not be liable for any loss that user may incur as a result of someone else using user’s password or account, either with or without user’s knowledge. However, user could be held liable for losses incurred by Seo Worx Pty Ltd or another party due to someone else using user’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

8.NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE

Any software that is made available to download from the services (“software”) is the copyrighted work of Seo Worx Pty Ltd and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software (“license agreement”). An end user will be unable to install any software that is accompanied by or includes a license agreement, unless he or she first agrees to the license agreement terms.

The software is made available for download solely for use by end users according to the license agreement. Any reproduction or redistribution of the software not in accordance with the license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Seo Worx Pty Ltd hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

For your convenience, Seo Worx Pty Ltd may make available as part of the services or in its software products, tools and utilities for use and/or download. Seo Worx Pty Ltd does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.

9.NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE

Permission to use documents (such as white papers, press releases, datasheets and faqs) from the services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Seo Worx Pty Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. Seo Worx Pty Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Seo Worx Pty Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Seo Worx Pty Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

10.NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

In no event shall Seo Worx Pty Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.7.member account, password, and security.

If any of the services requires user to open an account, user must complete the registration process by providing Seo Worx Pty Ltd with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of user’s password and account. Furthermore, user is entirely responsible for any and all activities that occur under user’s account. User agrees to notify Seo Worx Pty Ltd immediately of any unauthorized use of user’s account or any other breach of security. Seo Worx Pty Ltd will not be liable for any loss that user may incur as a result of someone else using user’s password or account, either with or without user’s knowledge. However, user could be held liable for losses incurred by Seo Worx Pty Ltd or another party due to someone else using user’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

8.NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE

any software that is made available to download from the services (“software”) is the copyrighted work of Seo Worx Pty Ltd and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software (“license agreement”). An end user will be unable to install any software that is accompanied by or includes a license agreement, unless he or she first agrees to the license agreement terms.

The software is made available for download solely for use by end users according to the license agreement. Any reproduction or redistribution of the software not in accordance with the license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Seo Worx Pty Ltd hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

For your convenience, Seo Worx Pty Ltd may make available as part of the services or in its software products, tools and utilities for use and/or download. Seo Worx Pty Ltd does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.

9.NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE

Permission to use documents (such as white papers, press releases, datasheets and faqs) from the services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Seo Worx Pty Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. Seo Worx Pty Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Seo Worx Pty Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Seo Worx Pty Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

10.NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

In no event shall Seo Worx Pty Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

11.MATERIALS PROVIDED TO SEO WORX PTY LTD OR POSTED AT ANY OF ITS WEB SITES

Seo Worx Pty Ltd does not claim ownership of the materials user’s provide to Seo Worx Pty Ltd (including feedback and suggestions) or post, upload, input or submit to any services or its associated services for review by the general public, or by the members of any public or private community, (each a “submission” and collectively “submissions”). However, by posting, uploading, inputting, providing or submitting (“posting”) user’s submission user is granting Seo Worx Pty Ltd, its affiliated companies and necessary sub-licensees permission to use user’s submission in connection with the operation of their internet businesses (including, without limitation, all Seo Worx Pty Ltd services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat user’s submission; to publish user’s name in connection with user’s submission; and the right to sub license such rights to any supplier of the services.

No compensation will be paid with respect to the use of user’s submission, as provided herein. Seo Worx Pty Ltd is under no obligation to post or use any submission user may provide and Seo Worx Pty Ltd may remove any submission at any time in its sole discretion. By posting a submission user warrants and represents to own or otherwise control all of the rights to user’s submission as described in these terms of use including, without limitation, all the rights necessary for user to provide, post, upload, input or submit the submissions.

In addition to the warranty and representation set forth above, by posting a submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“images”), user warrant and represent that (a) user is the copyright owner of such images, or that the copyright owner of such images has granted user permission to use such images or any content and/or images contained in such images consistent with the manner and purpose of user’s use and as otherwise permitted by these terms of use and the services, (b) user have the rights necessary to grant the licenses and sub-licenses described in these terms of use, and (c) that each person depicted in such images, if any, has provided consent to the use of the images as set forth in these terms of use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such images. By posting images, user is granting (a) to all members of user’s private community (for each such images available to members of such private community), and/or (b) to the general public (for each such images available anywhere on the services, other than a private community), permission to use user’s images in connection with the use, as permitted by these terms of use, of any of the services, (including, by way of example, and not as a limitation, making prints and gift items which include such images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat user’s images without having user’s name attached to such images, and the right to sub-license such rights to any supplier of the services. The licenses granted in the preceding sentences for a images will terminate at the time user completely remove such images from the services, provided that, such termination shall not affect any licenses granted in connection with such images prior to the time user completely remove such images. No compensation will be paid with respect to the use of user’s images.

12.DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A) Use of this website and any of the services provided by Seo Worx Pty Ltd is tacit agreement and acceptance to adhere to and comply with the terms and conditions set forth in the below points. By voluntarily engaging in business dealings with Seo Worx Pty Ltd you agree that any business dealings or transactions are bound by the following terms.

B) User expressly agrees that use of ‘Seo Worx Pty Ltd website’ is at user’s sole risk. Neither Seo Worx Pty Ltd, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that ‘Seo Worx Pty Ltd website’ will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of ‘Seo Worx Pty Ltd website’, or as to the accuracy, reliability or content of any information, service, or merchandise provided through ‘Seo Worx Pty Ltd website’.

C) Any and all deposits or part payments of any nature paid to Seo Worx Ptd Ltd are non-refundable. This includes deposits taken for services such as, but not limited to: search engine optimisation services, website design and development, graphic design services, AdWords services and content writing services. Seo Worx Pty Ltd accepts no liability for monetary losses incurred by forfeited deposits or part payments under any circumstances. All deposits become automatically forfeited should an individual or business using any services of Seo Worx Pty Ltd fail to provide sufficient information, assets, or the directives required to complete any given project within a reasonable time period (six months). Seo Worx Pty Ltd is not responsible for the safekeeping or storage of any individual’s or business’s information.

D) ‘Seo Worx Pty Ltd website’ is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

E) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Seo Worx Pty Ltd is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.

F) In no event will Seo Worx Pty Ltd, or any person or entity involved in creating, producing or distributing ‘Seo Worx Pty Ltd website’ or the Seo Worx Pty Ltd software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use ‘Seo Worx Pty Ltd website’. User hereby acknowledges that the provisions of this section shall apply to all content on the site.

G) In addition to the terms set forth above neither, Seo Worx Pty Ltd, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within ‘Seo Worx Pty Ltd website’, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

H) Prior to the execution of a stock trade, users are advised to consult with your broker or other financial representative to verify pricing or other information. Seo Worx Pty Ltd, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, Seo Worx Pty Ltd, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

I) Force Majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.