The following Terms of Service govern your use of the VivaRank, LLC (“VivaRank”) Web Site located at VivaRank.com, including any services and features available on or through the Web Site such as content writing services, seo services, hosting services, coding, script installations, and directory submissions. The Website is made available by VivaRank. 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. If you do not agree to these Terms of Service, you may not access or otherwise use the Site.
“VivaRank’s Performance-Based SEO Services Program” begins upon the submission of desired keywords from a prospective Customer. Upon completion of VivaRank’s Keyword Submission Process the Customer will receive “VivaRank’s Introductory Welcome E-mail’ that displays that a VivaRank Account has been created, and provides the customer with next steps in the “Account Set-up and Implementation Process” including an On-Page Optimization overview, and provides the Customer with contact information for VivaRank Support via Phone, E-mail and/or Online Chat. “VivaRank’s Introductory Welcome E-mail” also shares the destination pages for VivaRank’s Blog, FAQ section, and process for submitting a Support Ticket through the Customer Dashboard.
The “Keyword Activation” date represents the date which each keyword and the associated destination page on the customer’s website has been approved by VivaRank, and the Customer. Accordingly, “VivaRank’s Performance-Based SEO Services Program” will begin on the date of approval from both VivaRank and the Customer. This “Keyword Activation” date marks the beginning of the program, and remains in effect for (6) months.
Ranking reports are updated a minimum of (4) times per month within the Customer Dashboard which all Active VivaRank Customers have a login/password to their specific programs. As an Active VivaRank Customer, the Customer Dashboard is available at any time. Within VivaRank’s Customer Dashboard, the Customer also has full access to their Account Information, All Active Keywords, All Pending Keywords, All Deactivated Keywords, a Keyword Watchlist to monitor non-active keywords, and a SEO Services Activity Description Report for their Active Keywords participating in “VivaRank’s Performance-Based SEO Services Program.”
As between you and VivaRank, with the exception, in some cases, of Submitted Materials, as defined below in Section 8, 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 VivaRank is held as confidential and is not shared with anyone other than those who will help complete the job you contract us for. All content we provide is considered a “work for hire” and all copyrights belong to you, the client, unless otherwise specified in an agreement between you and VivaRank.
VivaRank agrees not to reuse or redistribute the content we provided to you as long as you have paid in full for the content. Nonpayment of the agreed on price results in the copyrights belonging to VivaRank. We also agree not to reuse the content we provide to you in the same form as provided to you. VivaRank cannot be held responsible for similar content appearing anywhere nor can we be responsible for someone else misusing your content. It is your responsibility to police the content and protect your copyrights.
Resellers of blog services and Affiliate Services provided by VivaRank are bound with us as if they are the clients, and we are the provider. Any terms of service or contracts between resellers and clients remain between them and we shall not be held liable for what any reseller does with content or any other promises they make to their clients.
All writers, bloggers, affiliates, or other people who freelance or work for VivaRank agree to the following:
a. Clients of VivaRank cannot be used as your personal references. Your work is done for VivaRank and not for the client. Any use of any VivaRank Client’s Name for your personal gain, reference, or any other use may lead to legal action against you by the client or by VivaRank.
b. In some cases you may receive information about clients of VivaRank. This information, by default, is to be considered confidential. You may not use or share this information with anyone outside of VivaRank.
c. No one who contracts to write content or do other work for VivaRank may contact any client of VivaRank without express permission of VivaRank for any reason. By accepting work through VivaRank, you agree to this no-compete clause even if you decide to stop accepting work from VivaRank. You are allowed to accept work from any source while you accept work from VivaRank and of course after you stop accepting work from VivaRank, however any action on your part to contact clients of VivaRank directly for the purpose of providing content to them will be cause for legal action.
d. VivaRank reserves the right to refuse any content or work you provide to us or to us for our clients. We are not obligated to notify you we did not accept the content or the work you provided. Due to the unreliability of email, it is your responsibility to request confirmation that we received any content or work you send to us. If you have no such confirmation, you may not be paid for that content since we may have not received it. If we paid you for the content you provided, we reserve all rights to that content.
e. If we have to rewrite or edit the content you provide to VivaRank, then that content belongs to us regardless of any financial obligations. If you accept work from VivaRank, you agree to write content that can be passed on to the client as a finished product. If we have to rewrite or otherwise edit the content before it can be sent to the client, then the payment you receive for that content may be altered or you may not be paid at all, depending on the quality of the content you provided.
f. As a content provider to VivaRank, you may not reuse any content you provide to us in any way.
g. Disputes about the payment for any content you provide to VivaRank must be brought to our attention within 30 days or any due amounts are void. All disputes will be settled according to California State Law or by agreement in arbitration by the arbitrator of our choice.
You may access and view the content on the Site on your computer or other Internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the Site’s services and any content and materials on the Site, are only for your personal, non-commercial use.
You may not commercially distribute, publish or exploit the Site, or any content, code, data or materials on the Site, unless you have received the express written prior permission of VivaRank or the applicable rights holder. Other than as set forth in Section 4. of this Terms of Services Agreement, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, 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. VivaRank will enforce its intellectual property rights to the fullest extent of the law.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of VivaRank and other owners and may not be used unless authorized by the trademark owner. VivaRank will enforce its Trademark rights to the fullest extent of the law.
You agree that, while using the Web Site and the Web Site’s various services and features, 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 VivaRank or the Site; 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 (for example, without limitation, in an RSS feed or a podcast received from VivaRank or otherwise through the Web Site), 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 Site through any means; engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information; engage in any automatic means of accessing, logging-in or registering on the Site or for any of the Site’s services or features, or obtaining lists of users or obtaining or accessing other information, services or features on, from or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; use the Site or the Site’s services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; use the Web Site or the Web Site’s services or features in violation of VivaRank’s or any third party’s intellectual property or other proprietary or legal rights; use the Site or the Site’s services in violation of any applicable law; attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with the Site or the Site’s services, or any content on the Site or the Site’s services; or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
We may, from time to time, make online communities, messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you will not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which: restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services; are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or are otherwise objectionable to Article Content Provider and VivaRank, in its discretion; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary rights; contain a virus, spyware, or other harmful component; contain embedded links, advertising, chain letters or pyramid schemes of any kind; or constitute or contain false or misleading indications of origin, endorsement or statements of fact.
It is important to remember that comments, materials and information submitted to a public forum or online community may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read, view or access them eventually. Therefore, you should not disclose any sensitive, personal, proprietary or confidential information, about yourself or others, in your comments or other submissions to our public forums or other online communities, such as to our blog(s).
We reserve the right (but have no obligation) to monitor or review all materials posted or submitted to the Web Site or through the Web Site’s services or features by users (including, for example and without limitation, our blog(s)), and we are not responsible for any such materials posted by users. However, we may disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, delete or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms of Services Agreement, our policies or applicable law.
We may insist that any link to the Web Site be discontinued, and we may revoke your right to link to the Web Site from any other web site at any time upon written notice to you, and in such event you agree to discontinue any such linking activity.
You agree to defend, indemnify and hold VivaRank, 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 Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of this Terms of Services 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.
We may make certain products available to visitors and registrants of the Site. You may only order products if you are 18 years old or older. You agree to pay in full the prices (and all applicable taxes) for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to VivaRank. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked 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 Sites, even if they are owned or run by affiliates of ours.
We respect the intellectual property rights of others and require that the people who use the 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 support@VivaRank.com.
THE 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 WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S)) SHALL CREATE ANY WARRANTY. VivaRank 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 SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO 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. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH VivaRank OR ITS AGENTS.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL VivaRank OR ITS AFFILIATES OR ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES) 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 VivaRank FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Terms of Services Agreement and the relationship between you and us shall be governed by the laws of the United States and the State of California, without regard to its conflict of law provisions. All parties agree that in the event of any dispute with respect to this Terms of Services Agreement or any respective obligations hereunder, such dispute shall be settled by arbitration in the County of San Diego, State of California, in accordance with the commercial rules of the American Arbitration Association. Any award rendered by the arbitrators shall be final and judgment may be entered upon it in any court of competent jurisdiction. Our failure to exercise or enforce any right or provision of this Terms of Services Agreement shall not constitute a waiver of such right or provision. If any provision of this Terms of Services 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 this Terms of Services Agreement remain in full force and effect.
VivaRank may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. We may restrict, impose limits on, suspend or terminate your access to the Site and/or its services or features (e.g., our blog(s)) if we believe you have violated this Terms of Services Agreement or applicable law, or for any other reason without notice or liability. VivaRank 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. “Insolvent” accounts are active accounts that have not paid their monthly invoice within (7) business days from the initial date of insolvency. These “Insolvent” accounts will remain active for (90) days in VivaRank’s program, and then they will be terminated. During the (90-day period), VivaRank will e-mail the “Insolvent” a minimum of (3) times displaying the outstanding balance based upon the invoices which have not been paid. If correspondence efforts have not been responded to by the “Insolvent” account after the (90-day) period, VivaRank will then send the “Insolvent” account to an Independent 3rd Party Collections Agency inclusive of the outstanding balance owed. If the account does not pay the outstanding balance, or comply with the Independent 3rd Party Collections Agency, and then subsequently re-creates a new account, VivaRank is permitted to charge the credit card to bring the outstanding balance current, before proceeding with the new account activation. VivaRank will utilize it’s proprietary Fraud Prevention System to help identify and detect “Insolvent”, “Terminated” and/or “Fraudulent” accounts from “VivaRank’s Performance-based SEO Service Program”. Cancellation of a VivaRank account is permitted unless the account currently has one or more active keywords. Due to the nature of our performance-based services, our upfront pricing and the fact that customers are not charged unless they receive an enhanced search engine ranking, refunds cannot be provided. All keyword deactivation(s) and/or account closure must be formally documented and provided to VivaRank in writing directly from the account owner that originated the account, and submitted directly through VivaRank’s Customer Dashboard Ticketing System at https://www.VivaRank.com/login. VivaRank will respond to the request and confirm in writing the keyword deactivation and/or the account closure.
VivaRank reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes to the Terms of Service will be effective when posted.