SEOprofiler provides users with access to search engine optimization tools, link analysis tools, application program interfaces (APIs), site profile services, search analytics, blogs, user-generated-content, personalized content, industry surveys and other resources (the "Service"). You also understand that the Service may include certain communications from SEOprofiler, such as service announcements, administrative messages and survey invitations and that these communications are considered part of SEOprofiler free registration and paid subscriptions.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SEOprofiler properties, shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). addition, you must provide and are responsible for all equipment necessary to access the Service.
Use of information sourced or derived from the service
SEOprofiler owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of SEOprofiler, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Except as expressly authorized by SEOprofiler, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes "Software").
The information on the SEOprofiler site is provided on the understanding that it will be used for research, such as the investigation of techniques used to understand how to optimize your own site or sites of your clients.
The information may not be used to engage in "black hat" SEO, specifically spamming of any kind. The information may only be obtained by using authorized methods.
It is SEOprofiler's policy to liberally grant permission to anyone interested in re-publishing our blog content, on the condition that you give SEOprofiler written credit and accurately link back to the original SEOprofiler post.
From time to time, SEOprofiler may add new features to the Service that are described as "beta" ("Beta Features"). Registrants and Members acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Service. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, SEOprofiler does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running your software and/or hardware. Beta Features will be considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta Features.
SEOprofiler may provide free automatic program interface (API) to its proprietary data. With the exception of the terms dealing with subscription fees, this Agreement controls SEOprofiler's free API services. Paid API services are governed by a separate agreement. Access to the free API may be suspended or terminated by SEOprofiler at any time and for any reason, with or without cause. If your access to a free API is canceled, you shall not be entitled to a refund of any kind. In order to access any API, you must use a Secret key. It's important not to share your secret key with anyone. You are responsible for all requests made with your secret key, whether you authorized them or not. Data provided by our APIs remains the property of SEOprofiler. If you publicly display data from a free API, you must comply with the link and attribution guidelines set forth on the Website from time to time.
Availability of tools in SEOprofiler
SEOprofiler reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SEOprofiler shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Users authorize SEOprofiler to perform ranking checks on search engines such as Google on their behalf. If a tool (Ranking Monitor, Top 10 Optimizer, Link Profiler, etc.) in SEOprofiler is not available (permanently or temporarily), this has no effect on the subscription price and you will not be entitled to any refund (partial or full).
Copyright infringement and member disputes
We respond expeditiously to notices of claimed copyright infringement and terminate users or account holders who are "repeat infringers." Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform with the requirements of 17 USC 512(c) by including the following information:
Notices must be sent to Axandra GmbH, Nordring 21, D-56424 Staudt.
Personal attacks, defamation, harassment, spam, offensive content, inappropriately aggressive behavior, or other illegal activities are prohibited. You are solely responsible for your interactions with other SEOprofiler Registrants and Members. SEOprofiler reserves the right, but has no obligation, to monitor disputes between you and other Members.
You must provide your legal full name, a valid email address, and any other information requested in order to complete subscription process. You must provide a valid email address to become a Registrant. Your login may only be used by one person - a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. SEOprofiler cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
This website's content is intended for adults and we will not knowingly collect personal information from children. If you are a parent or legal guardian of a child who you believe has submitted personal information to this site, please contact us immediately. You must be at least eighteen (18) years of age to subscribe as a Member of SEOprofiler.com. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
In order to protect the integrity of the Service, SEOprofiler reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
Registration and subscription
You may be come a Registrant of the Service at no cost. As a Registrant, you will have the ability to participate in some, but not all, of the features and services available within the Service.
In order to access additional features and services, including the ability to use many of our tools, you must become a paying Member to the service by agreeing to enter into a subscription with us.
Depending on the subscription plan you select, you will be entitled to varying number of reports and other premium SEOprofiler services each month. SEOprofiler may change Service features and functionality from time to time. For purposes of this Agreement the term "Member" includes all paying subscribers, regardless of renewal term or price level, unless where its usage indicates otherwise.
Disclaimers of warranties
The Website and the Service are provided "AS-IS" and on an "AS-AVAILABLE" basis. SEOprofiler expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SEOprofiler cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by SEOprofiler or submitted to SEOprofiler, including without limitation information on the backlink or ranking reports, the blog, any APIs, and all other parts of the Service. Use of the Website and the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. SEOprofiler cannot and does not guarantee compatibility with other systems and hardware.
Any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. SEOprofiler does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, 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 Website. Under no circumstances will SEOprofiler or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, SEOprofiler may provide links to certain third-party Websites. You acknowledge and agree that SEOprofiler is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because SEOprofiler has no control over such sites and resources, you acknowledge and agree that SEOprofiler is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that SEOprofiler is not in any way responsible for any such use by you.
Limitation on liability
Except in jurisdictions where such provisions are restricted, in no event will SEOprofiler be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SEOprofiler has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Registrants or Members; or (vi) any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Website; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, SEOprofiler's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SEOprofiler in the twelve (12) months prior to the claimed injury or damage.
You agree to indemnify and hold SEOprofiler, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of SEOprofiler's or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program.
Disclaimers and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may cancel your Membership at any time, for any reason. SEOprofiler may terminate your Membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to SEOprofiler. If SEOprofiler terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of SEOprofiler. SEOprofiler is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. SEOprofiler reserves the right to refuse service to anyone for any reason at any time.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of Germany, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of Germany in Rheinland-Pfalz, for the resolution of any such dispute.
The failure of SEOprofiler to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and SEOprofiler and govern your use of the Service, superseding any prior agreements between you and SEOprofiler (including, but not limited to, any prior versions of the Terms of Service).