Last update: February 2019
These Terms and Conditions (« Agreement« ) are a legally binding agreement between the user (« User » or « you« ) of the InLinks Services and Applicable InLinks operating Company (« InLinks« , the « Supplier », « we » or « us« ) as described herein.
Please make sure you fully understand the contents of this Agreement. If you have any doubts about any of your rights and obligations resulting from your acceptance of this Agreement, please consult us or obtain legal support.
The « Services » consist of a suite of online marketing and management tools for search engine optimization (« SEO« ) located at https://inlinks.net (the « Website« ), which includes tools for web content analysis, internal link building, and SEO reports.
We reserve the right to change the terms or specifications of any Services in our discretion, with or without prior written notice to the Users, by replacement of text of this Agreement or description of paid subscription plans on the Website or by written notice to you. Any changes will take effect immediately unless otherwise stated in the notice of change. If any amendment is unacceptable to you, your only recourse is to terminate relations with InLinks. Your continued use of the Services following our notice of change will constitute a binding acceptance of the Agreement, as amended.
Unless explicitly stated otherwise, any new features that augment or enhance the currently offered Services, including the release of new InLinks services, shall be subject to this Agreement.
InLinks hereby grants you permission to use the Services and the Website solely as set forth in this Agreement and in the manner set forth on the Website. In the event of any conflict between the terms of this Agreement and the Website, the terms of this Agreement shall prevail. Any use of the Services other than as set forth in this Agreement or in violation of any term of this Agreement will result in suspension or revocation of your use privileges in our sole discretion.
Notwithstanding anything stated or implied to the contrary in this Agreement, we may at any time, without derogating from our other rights under this Agreement, applicable law or otherwise, suspend or terminate any or all of the Services, effective immediately upon issuance of a written notice. Such suspension or termination may also apply to specific jurisdictions, lines of business or to a specific customer or a group of Users. Notwithstanding the foregoing, solely with respect to Users of paid Services, whenever reasonably possible, such Users may be given up to thirty (30) days after notice of suspension or termination of their User account to back-up the data stored in their account before it may be removed entirely from our servers.
We reserve the right to use third party service providers in the provisions of all or part of the Services including, but not limited to, hosting providers, payment processing services, information and communication services, analytics services, internet advertising platforms, advertising service providers and platforms. Where any of these services are provided by third parties, the User may be subject to such third party’s terms and conditions. We accept no responsibility for services provided by any third party.
You may use the Services only as a registered User. You may not use the Services if you are not of legal age to enter into a contract in your jurisdiction or if do not have the authority to accept this Agreement.
By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation.
To register as a User, you have to create a user account on the Website by following registration procedures and instructions set forth therein. There is no cost to create an InLinks User account. However, in order to access certain paid features of the Services, you will be required to provide billing details. As a registered User, you agree to notify us promptly of any changes to your billing details.
You are solely and fully responsible for the maintenance of all of your InLinks user accounts, including, but not limited to your User login, and User password.
You are responsible for all the following with respect to your use of the Services:
You are expressly prohibited from using the Services in any of the following ways or for any of the following purposes:
A User may not assign, transfer, exchange, pool or barter any of its rights or obligations under this Agreement or the User account, unless expressly permitted by InLinks in writing.
You may delete your User account at any time. Note that doing so will delete all your data and information stored on InLinks servers and InLinks will bear no responsibility for such loss of data or information. All Service fees incurred prior to de-registration will be due and owing, until paid in full, such de-registration notwithstanding.
InLinks reserves the right to terminate any User account for abusive or fraudulent activity, for failure to comply with this Agreement, or for any other reason in its sole discretion.
With respect to paid Services, User will be charged the fees set forth in the relevant section on the InLinks Website located at https://www.inlinks.com/prices/ or as otherwise offered on the Website for a particular subscription plan (the « Fees« ). The Fees, unless explicitly shown during the process of purchasing a subscription plan and following confirmation thereof, are exclusive of value added tax and any additional or other taxes, charges or duties which may be imposed in connection with any and all payments made or due hereunder and shall, if applicable, be borne, respectively registered and duly declared by User.
We may change the Fees and/or introduce new charges in addition to the Fees in our sole discretion upon thirty (30) days’ prior written notice to the User. Notwithstanding the foregoing, we may increase the Fees, immediately and with contemporaneous notice, in the event of (a) any change in the services or fees of our third party service providers; (b) changes in the Services which are made at your request; or (c) delays and/or other issues due to User failure to fulfill User obligations or due to User request to delay work for any reason.
Any Fees shall be prepaid one month or one year in advance, or as otherwise offered on the Website for a subscription plan, at the option of the User by credit card or another payment method accepted on the Website. All prepaid amounts and Service plans will be reflected in the User account. Any bank fees and charges shall be borne solely by User.
User acknowledges and agrees that all rights, title, and interest to, any and all intellectual property rights of all types or nature whatsoever, including, without limitation, patent, copyright, trademark, data base rights as well as moral rights, know-how and trade secrets (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, in the Services, the platform used to provide the Services (technology, hardware, software, etc.), are and will remain solely and exclusively our property and/or the property of SemanticMarker, InLinks licensors or affiliates. User is granted no title or ownership rights in the InLinks Website or Service. User’s right to use the Website, Services and any part thereof is strictly limited to the provisions of this Agreement and we reserve all rights not expressly granted herein.
User hereby grants us a worldwide, non-exclusive, unlimited and royalty-free license to use User’s brands, names, logos, trademarks, trade names and service marks as used by User for informational and advertising purposes only.
Either party may terminate this Agreement at any time in its sole discretion with written notice to the other if terminated by InLinks, which notice shall be at least 30 days prior to the termination date if to a User of paid Services.
Upon termination of this Agreement, all rights of the affected User with respect to the use of Website or Services shall terminate immediately.
Upon any termination of this Agreement for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.
EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND THE WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPELTENESS OF THE CONTENT ON ANY SITES LINKED TO ON THE WEBSITE.
In no event shall InLinks, its officers, directors, employees, or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement or use of the Services or the Website.
Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the greater of (a) fifty Euros (50 €) or (b) amounts you have paid to us in the prior 12 months (if any).
The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to defend, indemnify and hold harmless InLinks and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services and the Website; (b) your violation of any term of this Agreement; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services and the Website.
This Agreement, any part thereof or any rights or obligations under it may not be novated, assigned, outsourced or transferred by you without our advance written consent, but may be assigned by us without restriction or limitations. Any assignment or transfer in violation of the aforementioned provisions shall be deemed null and void. Subject to the forgoing, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
We shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, use of third parties’ equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
You are contracting with:
Frederic LAURENT – SemanticMarker, Quartier Le Claret, 06510 Carros, France, with registration number (SIREN) : 530 103 555 , and this Agreement is governed by the laws of France without reference to conflicts of law principles.
The parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Tribunal de Commerce de Nice. The arbitral shall be composed of a sole arbitrator, the seat is France and language French.
You agree to receive communications from us in an electronic form. Electronic notices will be delivered to your email address, which you used for registration purposes, as it may be subsequently changed by you by written notice to us. All communications in electronic format will be considered to be “in writing” and to have been received on the day that we send them.
This Agreement shall constitute the entire agreement between you and InLinks concerning your use of the Website and the Services.
This Agreement is in the English language, which prevails over any translations of it to other languages, made by us and provided to you for your convenience, as applicable.
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision of this Agreement.
All the provisions of this Agreement are distinct and severable. If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of this Agreement or affect the other provisions which are valid.