Terms of Service
1. ACCEPTANCE OF TERMS AND GUIDELINES
Your subscription to Ranking Smart (RS) is contingent upon accepting these Terms of Service. Use of RS indicates that you agree to comply with and be bound by these Terms. RS reserves the right to remove the subscription of any subscriber who fails to comply with these Terms.
In addition, RS provides Domain Guidelines and Content Guidelines, provided on the site. You agree to comply with these guidelines in all use of the RS service.
2. COMMUNICATION FROM RS
From time to time, RS will communicate with you via email in regard to your account or our services. This is a part of your subscription and an opt-out is not offered.
3. REGISTERING, ACCOUNT, AND SECURITY
You agree that you are of legal age to form a binding contract and are not a person barred from participating in the RS service under any United States laws.
You are responsible for maintaining the confidentiality of your RS password and account information. You are fully responsible for all activities that occur under your account, including activities that occur because you fail to maintain proper security over your account. In case of unauthorized use of your password or account or other security breach, contact RS immediately.
4. RS CONTENT
You, and not RS, are entirely responsible for all content, including posts, articles, hyperlinks, and tags, that you publish (where "publish" is defined as upload, post, email, transmit or otherwise make available via the RS network). RS does not guarantee the accuracy, integrity or quality of such content.
Under no circumstances will RS be liable in any way for any content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via RS.
You agree to not use the RS services to:
- Publish content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, tortuous, invasive of privacy, hateful, or racially, ethnically or otherwise objectionable, promotes or provides instructional information about illegal activities, promotes any act of cruelty to animals, or is otherwise offensive;
- harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through RS;
- Publish any content that you do not have a right to make available under any law;
- Publish any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Publish any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Publsih any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Hack the RS service or modify any content that is not your own.
- Remove, decompile, disassemble or reverse engineer any RS software or use any network monitoring or discovery software to determine the software architecture.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You acknowledge that RS may or may not pre-screen content, but that RS and its designees has the right to pre-screen, refuse, or remove any content that is available via RS services. RS and its designees has the right to remove any content that violates these terms of service, the content guidelines, or is in any other way objectionable.
You acknowledge that RS services and software embodied within the RS services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by RS and/or content providers who provide content to the RS services. You may not attempt to override or circumvent any such usage rules. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the RS services, in whole or in part, is strictly prohibited.
You agree to indemnify and hold RS and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the RS services, your use of the RS services, your connection to the RS services, your violation of the terms of service, or your violation of any rights of another.
7. PROTECTING RS SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the RS services.
You agree that you are using RS for the purpose of promoting your websites. Any other use, including exploiting, exposing, damaging, or undermining the RS service, network, or business model, is strictly forbidden. "Exposing" is understood to include any published descriptions of link-building techniques that reveal the structure or properties of the RS proprietary system. Such "other use" is subject to legal action by RS.
The RS services may provide, or third parties may provide, links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by RS. You acknowledge and agree that RS does not endorse any such sites or the information, materials, products, or services contained on or accessible through such sites. RS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from RS, you do so at your own risk, and you understand that this agreement does not apply to your use of such sites. You expressly relieve RS from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on RS, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that RS shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
9. DISCLAIMER OF WARRANTIES
You agree that:
- Your use of the RS services and software are at your sole risk. RS services and software are provided on "as is," "as available," with "all faults." RS and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- RS and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the RS services or software will meet your requirements; (ii) the RS services or software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the RS services or software will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the RS services or software will meet your expectations; and (v) any errors in the software will be corrected.
- any material downloaded or otherwise obtained through the use of the RS services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, you expressly understand and agree that RS and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RS has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the RS service; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the RS service; or (e) any other matter relating to the RS service.
The failure of RS to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.