This Terms of Service agreement is between you (“client”) and Convertica Oü, subsidiary of Convertica OÜ in regard to its products and services (“Convertica”).
By visiting or using the Convertica Oü website or any Convertica products, software, and services provided to you on, from, or through Convertica (collectively the “Service”) you signify your agreement to these terms and conditions (the “Terms of Service”). If you do not agree to any of these terms please do not use the Service.
By using services provided through Convertica Oü by Convertica, you have entered into an agreement whereby Convertica shall provide services to you, and you are to pay Convertica for those services; whereas you understand that the internet is forever changing, that the rules and requirements of the various search engines and other online information providers are outside of Convertica’s direct control, and that Convertica can therefore not make any guarantees or warranties as to the specific results of Convertica’s efforts; now, therefore, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows.
Convertica agrees to provide the customer with consulting services as described on http://convertica.org for the sole purpose of conversion rate optimization (CRO) (“Services”).
A quote provided per E-mail will define the fees and rendered services and confirms the clients understanding of the services being provided by the Convertica.
Reporting: Convertica agrees to provide Client with reports detailing the efforts made on behalf of Client’s business in conformity with the parties’ Advertising Agreements and in fulfillment of Convertica’s obligations to provide Services.
DISCLAIMER OF WARRANTY
Except as otherwise expressly agreed to herein, Convertica makes no warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, or validity of the applications, software, data, or information related to Convertica’s network, systems, or Advertising Services. Convertica provides its products and services “as is” and specifically disclaims all warranties of merchantability and fitness for a particular purpose. Buyer understands, acknowledges, and agrees that it will use Convertica’s products and services, and all aspects thereof, at Buyer’s sole risk.
CLIENT’S WAIVER AND RELEASE OF LIABILITY
Waiver: Buyer does hereby waive any claim against Convertica, Convertica’s employees, agents, servants, or representatives and does agree to hold them harmless for any actual, consequential, indirect, special, incidental, reliance, exemplary, or punitive damages, or loss, expense, or other injury arising from their efforts to improve upon the Client’s business whether such damages are foreseeable or not, and whether such claims are based on the alleged breach of any express or implied warranty, breach of contract, misrepresentation, negligence, or strict liability (including damages for loss of data, goodwill, reputation, business, money, or opportunity), even if Convertica has been advised of the possibility of such damages except that Convertica shall retain the responsibility and liability for providing the Advertising services. The Client hereby waives any claims against Convertica for penalties, loss, expenses, including Third-party bans issued by associate programs including but not limited to Amazon.com Inc.
You are responsible for any changes made to your site that could conflict with any service ordered at http://convertica.org. Change in site structure or content can affect results.
CLIENT’S CONTENT AND CONDUCT
You shall be solely responsible for your own Content published in your site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit on your website.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Convertica, you hereby grant Convertica worldwide, non-exclusive, royalty-free, sub licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and publicly perform the Content in connection with the Service andConvertica’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, publicly display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Convertica may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have explicit permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Convertica all of the license rights granted herein.
Convertica does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Convertica expressly disclaims any and all liability in connection with Content. Convertica does not permit copyright infringing activities and infringement of intellectual property rights on the Service. Convertica reserves the right to remove Content without prior notice.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.