As consideration for the services provided by 'Backlink Build', you are agreeing to the following terms:
The following terms of service govern your use of any 'Backlink Build' services and features available on or through the web site such as content writing services, Search Engine Optimization (SEO) services, web 'backlink' building services, coding, script installations, directory submissions, and other services offered by 'Backlink Build.'. We may change the Terms of Service from time to time, at any time, by posting such changes on the site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AS APPLIED TO YOUR USE OF THE SITE. Until acceptance of this Service Agreement, 'Backlink Build' is not bound to any formal or informal contractual relationship.
All provisions of this contract are subject to the present TOS (Terms of Service).
This Agreement shall be construed in all respects in accordance with the laws of the state of New Jersey, county of Bergen applicable to contracts enforceable in that state. Venue will be Bergen County, New Jersey.
1. Proprietary Rights As between you and 'Backlink Build,' with the exception, in some cases, of Submitted Materials, as defined below in Section 11, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, and the look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant you ownership of any content, code, data or materials that you may access on the Site. All information you submit to 'Backlink Build' is held as confidential and is not shared with anyone other than those who will help complete the services contracted for. All content we provide is considered a 'work for hire' and all copyrights belong to you, the customer, once payments are completed, unless otherwise specified in an agreement between you and 'Backlink Build'.
2. Backlink Services 'Backlink Build' agrees to provide the customer with web site back link services as described in the 'Backlink Build' web site for the purposes of optimizing customer's web site search engine ranking results. 'Backlink Build' is authorized to use the specific keywords and/or phases set forth in the order for development, improving the ranking of, and/or positioning of the contents of the customer's URL(s), as ordered by entry at this web site, in search engines and/or directories. Back link services are intended to provide the Customer with preferential positioning in numerous search engines and Backlink Build contracts to report results on a timely basis as set for in the documentation described in this web site. Developers of content providers to 'Backlink Build' are bound with us as if they are the client and we are the provider. All developers or others who freelance or work for 'Backlink Build' are held to agree to the following: ' 'Backlink Build' reserves the right to refuse any content or work provided to us or to us for our clients. If we paid developers for any content provided, we reserve all rights to that content. ' If we have to rewrite or edit any content provided to 'Backlink Build', then that content belongs to 'Backlink Build' regardless of any financial obligations ' Developers to 'Backlink Build' may not reuse any content provided to us in any way. ' Disputes about the payment for any content provided to 'Backlink Build' must be brought to our attention within 30 days or any due amounts are void. ' All disputes will be settled according to the state law of the jurisdiction of the owner or designees of the owner or owners of 'Backlink Build' of or by agreement in arbitration by the arbitrator of our choice.
3. Terms and Termination This Service Agreement shall be effective as of the time frame set forth as described by the 'Backlink Build' web site. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fail to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by 'Backlink Build' (a) immediately if the customer fails to pay any fees for services; or (b) if the customer fails to cooperate or hinders 'Backlink Build' with our ability to perform the contracted services.
4. Prohibited Uses You may not commercially distribute, publish or exploit the 'Backlink Build' web site, or any content, code, data or materials on the web site, unless you have received the express written prior permission of 'Backlink Build.' If you make any other use of the 'Backlink Build' web site other than as intended to order services or to learn of 'Backlink Build' services, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be liable for such unauthorized use. 'Backlink Build' will enforce its intellectual property rights to the fullest extent of the law.
5. Trademarks The trademarks, logos, service marks and trade names (collectively the 'Trademarks') displayed on the 'Backlink Build' web site or on content available through the web site are registered and unregistered Trademarks of 'Backlink Build,' or other owners, and may not be used unless authorized by the trademark owner. 'Backlink Build' will enforce its Trademark rights to the fullest extent of the law.
6. Fees Customer agrees to pay 'Backlink Build' the fee(s) as stated in ordering link. The fee(s) must be received prior to the start of development of any services to the customer.
7. Customer Responsibilities For the purposes of providing these services, the customer agrees... ' To provide 'Backlink Build' with full access to its web site(s) for purposes of optimization development discovery. ' To authorize 'Backlink Build' the use of any necessary customer's web site content, logos, trademarks, Web site images, or other material, for use in creating backlinks or other methods used for search engine rank positioning optimization. ' That customer will assist with the development of any additional web site content to further the ability of 'Backlink Build' to implement effective backlinks or other SEO services.
8. Customer Acknowledgments Customer understands, acknowledges and agrees that: ' 'Backlink Build' has no control over the policies of search engine providers or web directories with respect to the type of sites and/or content that they accept now or in the future. The customer's web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. ' Search engines and directories may stop accepting submissions or search result changes for an indefinite period of time. ' Search engines and directories may drop listings for no apparent or predictable reason. ' Continuing optimization of a customer's web site positioning with search engines or directories may require continued services at additional fees. ' While 'Backlink Build' endeavors to provide the most effective search engine rankings, it cannot guarantee a specific numerical ranking at any particular point in time of measurement; nor can 'Backlink Build' guarantee a continued search engine ranking of a particular measurement or that a particular measured ranking does not rise or fall over a period in time measured or evaluated.
9. Customer Web Site Changes 'Backlink Build' is not responsible for changes made to the customer's web site(s) by the customer, not coordinated with 'Backlink Build,' or other parties that adversely affect the search engine or directory rankings of the customer's web site(s).
12. Prohibited Customer Conduct You agree that, while using the 'Backlink Build' web site and its services, you will not: ' Impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any person or entity, including without limitation, anyone from 'Backlink Build.' ' Insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes. ' Obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the 'Backlink Build' web site. ' Engage in any automatic means of accessing, logging-in or registering on the web site or for any of the web site's services, or obtaining lists of users or obtaining or accessing other information, services or features on, from or through the web site, including, without limitation, any information residing on any server or database connected to the web site or its services. ' Use the 'Backlink Build: webs site or 'Backlink Build' services in any manner with the intent to interrupt, damage, disable, overburden, or impair the web site or 'Backlink Build' services, or interfere with any other customer's use of the web site, including, without limitation, sending mass unsolicited messages or 'flooding' servers with requests. ' Use the 'Backlink Build' web site or 'Bakclinkbuild' services in violation of 'Backlink Build' or any third party's intellectual property or other proprietary or legal rights; use the web site or the site's services in violation of any applicable law. ' Attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with the web site or 'Backlink Build' services, or any content on the web site or of 'Backlink Build' services; or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the web site.
13. Linking to the Web Site We encourage and appreciate linking to our web site. In the case of abusive referral links you agree to conform to our right to request discontinuance of such links at any time upon written notice to you, and in such event you agree to discontinue any such linking activity. 'Backlink Build' at all times reserves the right to request that links to the 'Backlink Build' web site be removed.
14. Indemnification You agree to defend, indemnify and hold 'Backlink Build', its affiliates, and its and their directors, officers, employees, trustees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the 'Backlink Build' web site, your placement or transmission of any message, content, information, software or other materials through the web site, or your breach or violation of the law or of this Service Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
15. Third Party Web Sites You acknowledge and agree that we have no responsibility for, nor do we endorse or sponsor, the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked web sites from this web site, even if they are owned or run by any affiliates of ours.
16. Copyright Agent We respect the intellectual property rights of others and require that the people who use the web site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the 'Backlink Build' Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ' 512(c)(2), named below: ' Your address, telephone number, and email address. ' A description of the copyrighted work that you claim has been infringed; (There may be a charge to have content removed, if it will cost 'Backlink Build' to remove it. Our cost will be passed on to you, the claimant. ' A description of where the alleged infringing material is located; ' A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; ' An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and ' A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
17. Disclaimer of Warranties The 'Backlink Build' web site and its services, content, functions and materials are provided 'as is,' 'as available', and without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness or content of information on the site, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and 'Backlink Build' disclaims any and all such warranties, express and implied. No advice, results or information, whether oral or written, obtained by the customer from us or through the 'Backlink Build' web site shall create any warranty. 'Backlink Build' also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the web site or your downloading of any materials, data, text, images, video, or audio from the site. If you are dissatisfied with the 'Backlink Build' web site, the sole remedy is to discontinue using the site.
18. Reserved Rights 'Backlink Build' reserves the right to change or make corrections to any of the information provided on the 'Backlink Build' web site at any time and without any prior warning. 'Backlink Build' does not guarantee the correctness, precision, thoroughness or completeness of any of the information available on the site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the site or any sites linked to via the 'Backlink Build' web site.
19. Limitations of Liabilities In no event, including but NOT limited to negligence, shall 'Backlink Build' or its affiliates or any of its and their directors, officers, employees, trustees, agents, content developers, or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the site or the content, materials and functions related thereto, your provision of information via the site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. in no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms of service or your use of the site exceed, in the aggregate, the amount, if any, paid by you to 'Backlink Build' for your use of the site or purchase of products via the site.
20. Applicable Laws We control and operate the Site from our offices in the United States of America. We do not represent that materials on the web site are appropriate or compliant with laws for use in other countries. Persons who choose to access the web site from other countries do so on their own initiative, and are responsible for compliance with local laws, if and to all extent that local laws are applicable as different from the laws of the United States. All parties to this Service Agreement waive their respective rights to a trial by jury. The Service Agreement and the relationship between the customer and 'Backlink Build' shall be governed by the laws of the United States and the State of New Jersey, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Service Agreement shall be commenced and be heard in the appropriate court in the State of New Jersey, County of Bergen, and you further agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Bergen, in the State of New Jersey. Our failure to exercise or enforce any right or provision of the Service Agreement will not constitute a waiver of any such right or provision. If any provision of the Service Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Service Agreement remain in full force and effect.
21. Refunds All payments to ‘Backlink Build’ are nonrefundable.
22. Termination We may terminate, change, suspend or discontinue any aspect of the web site or 'Backlink Build' services at any time. We may restrict, impose limits on, suspend or terminate a customer's access to the web site and/or its services or features if we believe you have violated this Service Agreement or applicable laws, or for any other reason without notice or liability. 'Backlink Build' maintains a policy that provides for the termination in appropriate circumstances of the web site use privileges of users who are repeat infringers of intellectual property rights.
23. Changes to Service Agreement 'Backlink Build' reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Service Agreement, in whole or in part, at any time. Changes to the Service Agreement will be effective when posted.
24. Force Majeure Neither party will be liable for, or will be considered to be in breach of or default under this Service Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such party's reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.
25. Relationship of Parties 'Backlink Build' in rendering performance under this Service Agreement, is considered an independent contractor and nothing in the Service Agreement constitutes employment, a joint venture, or a partnership.
26. Agreement Binding on Successors The provisions of the Service Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
27. Assignability Customer may not assign this Service Agreement or the rights and obligations hereunder to any third party without the prior express written approval of 'Backlink Build' and 'Backlink Build' reserves the right to assign subcontractors as needed to the services contracted to ensure on-time completion.
28. Severability If any term, clause or provision of this Service Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Service Agreement.
29. No inferences Against Author No provision of this Service Agreement shall be interpreted against any party because such party or its legal representative drafted such provision.
30. Integration This Agreement takes precedence over any other documents which may conflict with this Service Agreement and constitutes a final expression of the agreement between the parties.
31. Waiver No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Service Agreement.
32. Disputes Customer and 'Backlink Build' agree to make good-faith efforts to resolve any disagreement arising out of or in connection with this Service Agreement through negotiation. At the choice of 'Backlink Build' any dispute shall be submitted to final resolution to arbitration. Such arbitration shall be in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
33. Alternate Business Names This Service Agreement applies to any alternate registered business names under which the owners of 'Backlink Build' operate, including and not limited to Backlink Build.com and www.Backlink Build.com.