Effective Date March 6, 2017
PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING THE SERVICES BECAUSE THEY AFFECT YOUR RIGHTS. BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS.
1. Ability to Accept Terms
To use the Site you must be 13 years of age or older to access or use this Site. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this Terms with you, discuss any questions you might have.
You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
3. Use of the Site
Permitted Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for the purposes that we intend.
Prohibited Uses: Use of the Services or Site for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not: (i) reproduce, distribute, display, create derivative works of or transmit the Content; (ii) use the Site or Services commercially, for benchmarking, or to compile information for a product or service; (iii) modify or translate any part of the Services or Site; (iv) reverse engineer, decompile, create derivative works of, modify, disrupt, tamper with or disassemble the technology used to provide the Services and/or Site, or otherwise attempt to obtain source code; (v) attempt to bypass, modify or defeat any of the security features of the Site; (vi) remove or alter any copyright, trademark or other proprietary notice contained on the Site; (vii) interfere with or damage the Site or our servers; (viii) impersonate or misrepresent your affiliation with a person, entity or organization; (ix) attempt to obtain any materials or information not intentionally made available through the Site by any means; (x) collect, manually or through an automatic process, information about or of other users or the Site; (xi) use any Marks or other Content for advertising, promotions or other commercial purposes; (xi) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site and/or Services; (xii) engage, directly or indirectly, in any type of unsolicited solicitation; (xiii) frame, inline link, or similarly display the Site or any portion of the Site; or (xiv) assist or encourage any third party in engaging in any activity restricted by these Terms.
We reserve the right, but have no obligation, to monitor your use of the Site and Services for compliance with these Terms.
4. Intellectual Property Rights
All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Us and/or our affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
5. Third-party Sources and Content
6. Copyrights Complaints
Notwithstanding the above, We respect the rights of others and we expect users of our websites and services to do the same. We prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others. If we remove or disable a user’s access to our websites or services to comply with the Digital Millennium Copyright Act (DMCA), we will make a good-faith attempt to contact the owner, author, or administrator of each affected account so that they may make a counter notification.
If you believe that content on the Site violates your copyright, please send us a notice of the violation at firstname.lastname@example.org
Your notice must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing;
4. Information reasonably sufficient to permit us to contact the complaining party. Provide full name, address, email address and telephone number should we need to clarify your claim;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements, we will review your claim, determine its merit, and act accordingly. Please note that you may be liable for damages, including costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent that material on the Site infringes upon your copyright.
NOTHING IN THIS SECTION IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY BESTRANKINGSITE NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.
7. Warranties; Disclaimers
8. Limitation of Liability
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUR OF OR RELATED TO USE OF OUR SITE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
You agree to defend, indemnify and hold harmless Bestrankingsite and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.
10. Terms and Termination
These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.
Bestrankingsite reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Bestrankingsite shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. You hereby expressly agree to irrevocably submit to the personal and exclusive jurisdiction of the courts located in the state of New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Bestrankingsite may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Bestrankingsite concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.