New Global Ventures
Search Engine Visibility End User License Agreement
This Search Engine Visibility End User License Agreement ("Agreement") is by and between NewGlobalVentures.com ("New Global Ventures"), a/an Texas corporation, and you, your heirs, assigns, agents and successors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of New Global Ventures's Search Engine Visibility Internet Optimization Service ("Search Engine Visibility") and represents the entire Agreement between You and New Global Ventures. By using New Global Ventures's Search Engine Visibility, You acknowledge You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which New Global Ventures may establish from time to time, including the Universal Terms of Service. Such Agreements may be found here.
New Global Ventures grants You a non-exclusive license to use Search Engine Visibility for such purposes as are ordinary and customary. You are free to use Search Engine Visibility on any computer.
You may not alter or modify the Service. You are not authorized to combine Search Engine Visibility with any other software program or application, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon Search Engine Visibility. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the Search Engine Visibility source code.
Search Engine Visibility is an Internet search engine and directory site submission tool that simplifies the web site submission process. Search Engine Visibility is intended to assist website operators in increasing traffic to their sites through search engine/directory submission and pre-submission optimization recommendations. Among other things, Search Engine Visibility will give You:
1. Basic instructions on web site preparation;
2. Basic web site analysis on meta-tags, page copy, keywords and title, as they pertain to submitted search phrases, as well as analysis on site attributes such as spiderability;
3. The ability to extract or input basic website information and provides selectable auto-submission and manual submission capabilities to search engines and directories (free submission site options);
4. Run reports on submission status (i.e., submitted, pending, or failed), as well as individual site details on status; and
5. Access detailed information, online and downloadable, on search engines and search engine optimization;
You agree any URL or web page You submit using Search Engine Visibility must resolve to an operational web page and may not resolve to a DNS error, a 404 error or other error message. Your web page must be publicly accessible without the use of passwords or other access codes. Because of the spidering technology used in many search engines, Your web pages must not reside on a secure server or use any spider blocking technology. The description of Your web page must be relevant to the page content.
You represent and warrant Your URL and/or web page(s) do not infringe the intellectual property rights of any third party. You further represent and warrant that New Global Ventures, its search engine and directory partners, and each of them, have the right and license under any intellectual property rights You may have in Your URL and/or web page(s) to publicly perform, publicly display, and distribute any search listings generated by Search Engine Visibility, and to copy, modify or manipulate the search listings as necessary to conform to search engine standards. You further agree not to independently submit Your URL or web page to any New Global Ventures' search engine partner directly or by any other method.
Search Engine Visibility is not intended to assist You in engaging in unlawful or morally objectionable activities. New Global Ventures' search engine partners reserve the right to refuse or remove any URL or web page from a search engine's index for any reason. Furthermore, New Global Ventures explicitly reserves the right to terminate Your license if it comes to New Global Ventures's attention that You are using Search Engine Visibility to enable or otherwise enhance Your participation in objectionable activities, which include, but are not limited to, the following: spamming or churning; activities designed to undermine the validity and/or credibility of search engine results; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United states and/or foreign territories in which You live or access the Internet; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; or activities designed to harm minors in any way.
As used herein, the term "spamming" is intended to include, but not be limited to, the following: URLs which are intended to harm the accuracy or relevance of search engine results; URLs which merely forward visitors to another web page; URLs which infringe the intellectual property rights of third parties; URLs intended to artificially inflate the popularity of a web page; and, forms of spamming as the term is ordinarily and customarily understood in the search engine optimization industry.
New Global Ventures expressly disclaims any guarantee of the level of success You will achieve by using Search Engine Visibility. You understand there is no guarantee that You will be listed by search engines, nor that You will achieve significant rankings. Furthermore, Search Engine Visibility fees are non-refundable.
3. liability and indemnification
New Global Ventures provides Search Engine Visibility "as is" and without warranty or guarantee of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall New Global Ventures be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect, special, or consequential damages of any kind, even if New Global Ventures has been advised of the possibility of such damages arising from any defect or error in the Software.
You shall indemnify, defend by counsel reasonably acceptable to New Global Ventures, protect and hold New Global Ventures harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to Your use of Search Engine Visibility.
Neither New Global Ventures nor its affiliates nor any of its employees shall assume responsibility for or be held liable for the acts or omissions of third parties, which include the search engine and directory site submission services. There shall be no refunds for any reason at any time. In no event shall New Global Ventures, its affiliates, or employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the third party services, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
New Global Ventures does not endorse the services of any third parties associated with the Search Engine Visibility site submission services, and it is not responsible for any off-site web pages referenced.
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