PLEASE REVIEW THIS DOCUMENT CAREFullY BECAUSE IT AFFECTS YOUR RIGHTS
Description of the Service. PPC Monkey provides users with access to a rich collection of online tools, including by not limited to, keywords management database, remove diacritics tool, wrap keywords tool, split keyphrases tool, tool for creating keyword combinations (the "Service"). You also understand that the Service may include certain communications from PPC Monkey, such as service announcements, administrative messages and survey invitations and that these communications are considered part of PPC Monkey free registration and paid subscriptions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new PPC Monkey 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). In addition, you must provide and are responsible for all equipment necessary to access the Service.
Beta Services. From time to time, PPC Monkey 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, PPC Monkey 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.
Electronic Form. 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. You have a right to a paper copy of this Agreement. If you would like a paper copy, please email firstname.lastname@example.org.
Proprietary Rights. PPC Monkey owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of PPC Monkey, 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.
No Resale or Redistribution of Service. Except as expressly authorized by PPC Monkey, 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").
Copyright Abuse. 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:
- The signature of a person authorized to act on behalf of the owner of the infringed copyright;
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
- Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and
- A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Notices must be sent to email@example.com.
Account Access. You must provide your 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. You are responsible for maintaining the security of your account and password. PPC Monkey cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Age Requirements. This website's content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us at firstname.lastname@example.org immediately. You must be at least eighteen (18) years of age to subscribe as a Full member of PPC Monkey.org. 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.
Unauthorized Users. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
Blocking of IP Addresses. In order to protect the integrity of the Service, PPC Monkey 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; Pricing. You may become 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 Full 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 use the PPC Monkey Service for varying number time. Please note that the Subscription Policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. Further, PPC Monkey 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. The Subscription Fee is payable in United States dollars (including, if any, all applicable taxes).
Subscriptions; Charges on your Billing Account.
- General. You agree to pay PPC Monkey the subscription fee ("Subscription Fee") specified in the Full version and pricing page (you must be a Registrant to view this page) during the subscription Period ("Subscription Period"). The Subscription Period varies depending on the plan you sign up for. We currently offer either monthly or annual subscriptions.
- Payment Method. A valid credit card or a PayPal account is required to subscribe to the Service. PPC Monkey bills you through a secure online PayPal account (your "Billing Account") for use of the Service. Your complete billing information is not stored on PPC Monkey servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay PPC Monkey for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize PPC Monkey to charge your chosen credit card (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. PPC Monkey reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If PPC Monkey does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.
- Non-Recurring Billing. All of our subscription plans use non-recurring billing. If you elect to pay for the Subscription Period on a monthly or annually basis, then you will not be automatically charged the Subscription Fee for the subsequent month. You must renew the subscription if you want to use the Service in Full extend again.
- Refunds. PPC Monkey will provide new, first-time Members a full refund so long as the Member cancels within thirty (30) days of first signing up (the "thirty-day refund period"). PPC Monkey will not provide refunds to persons who have previously opened other accounts, whether or not they are using the same or different user names, email addresses, or billing information. Each person or business entity is only entitled to one thirty-day refund window. Successive sign-ups and refunds are prohibited. After the thirty-day refund period, there shall be no refunds and your Subscription fee is non-transferable. Accordingly, if you elect to cancel your subscription to the Service during the Subscription Period, you will not receive a refund on the Subscription Fee(s) previously paid to PPC Monkey. If your credit card is no longer valid, then, unless you provide a new valid credit card, PPC Monkey will terminate the Service prior to the start of the subsequent month.
- Cancellation. You cannot directly cancel your account. You can however delete all your keyword lists anytime you want from the user interface. The deleted keyword lists cannot be recovered once you delete them.
Modifications to Service. PPC Monkey 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 PPC Monkey shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Reliance on Content, Advice, Etc. 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. PPC Monkey 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 PPC Monkey 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.
Disclaimers of Warranties. The Website and the Service are provided "AS-IS" and on an "AS-AVAILABLE" basis. PPC Monkey expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PPC Monkey 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 PPC Monkey or submitted to PPC Monkey, including without limitation information on Linkscape, Trifecta, the Daily SEO Blog, YOUmoz, the toolbar, any APIs, Q&A 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. PPC Monkey cannot and does not guarantee compatibility with other systems and hardware.
Third-Party Content. Certain content, Products, and services available via the Service may include materials from third parties. In addition, PPC Monkey may provide links to certain third-party Websites. You acknowledge and agree that PPC Monkey 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 PPC Monkey has no control over such sites and resources, you acknowledge and agree that PPC Monkey 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 PPC Monkey 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 PPC Monkey 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 PPC Monkey 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. Nothwithstanding any provision to the contrary, PPC Monkey'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 PPC Monkey in the twelve (12) months prior to the claimed injury or damage.
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.
Indemnity by You. You agree to indemnify and hold PPC Monkey, 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 PPC Monkey'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.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Interstate Nature of Communications on PPC Monkey Network.
Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. PPC Monkey 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 PPC Monkey. If PPC Monkey 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 PPC Monkey. PPC Monkey 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. PPC Monkey reserves the right to refuse service to anyone for any reason at any time.
Jurisdiction and Choice of Law. 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 the Slovak Republic and the European Union, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and courts of the Slovak Republic, for the resolution of any such dispute.
Other. The failure of PPC Monkey 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 PPC Monkey and govern your use of the Service, superseding any prior agreements between you and PPC Monkey (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to email@example.com.