Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING CONTENTFOREST.COM AND ALL INCLUDED SUB-PAGES OR THE ASSOCIATED APPS: CONTENTIDEATOR APP AND WEBSITE SEO AUTOMATOR
contentforst.com is a site operated by 88Projects Limited ("We"). We are registered in New Zealand under company number 3728417 and have our registered office at 16 St James Avenue, Richmond, NZ 7020.
We are a limited company.
1. Terms of services
1.1 These terms of service (together with the documents referred to in it) tells you the terms of service on which you may make use of contentforest.com and all included sub-pages ("site"), whether as a guest, a registered user, or as user of our applications ContentIdeator and/or Website SEO Automator, collectivly referred to as ("apps"). Use of our site includes accessing, browsing, or registering to use our site or the apps (both free and paid version).
1.2 If you do not agree to these terms of service, you must not use our site or the apps (free or paid version).
1.3 If you are a consumer, you have the right to withdraw from your transaction to use the "Paid For" ContentIdeator and/or Website SEO Automator App ("Paid App") without charge and without any reason before using the Paid App. However, you will lose the right to cancel the transaction once you begin using the Paid App. This does not affect your consumer rights if the Paid App is defective.
1.4 By using our site and/or the app, you confirm that you accept these terms of service and that you agree to comply with them. If you do not agree to these terms of service, you must not use our site or the ContentIdeator App and Website SEO Automator App.
2. Other applicable terms
2.1 These terms of service refer to the following additional terms, which also apply to your use of our site and/or the ContentIdeator App and Website SEO Automator App:
3. Changes to these terms
3.1 We may revise these terms of service at any time by amending this page.
3.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
4. Assessing our site
4.1 Our site is made available free of charge. Use of the ContentIdeator App and Website SEO Automator App may be with or without charge subject to the version you choose.
4.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
4.3 We do not guarantee that our site will always be available or be uninterrupted. Access to our site is permitted on a temporary basis.
4.3 You are responsible for making all arrangements necessary for you to have access to our site.
4.4 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of service and other applicable terms and conditions, and that they comply with them.
5. Use of the ContentIdeator App and the Website SEO Automator App
5.1 We offer two versions of the apps:
5.1.1 the Paid App: Use of this version is subject to you agreeing to pay a subscription fee, and details of their functionality can be found here http://www.contentforest.com/ideator/pro and http://www.contentforest.com/wsa and
5.1.2 the Free App: Use of this version is free but it only offers limited functionality (further details can be found here http://contentforest.com/ideator and http://www.contentforest.com/wsa)
5.2 In consideration of you paying the subscription fee or, if you use the Free App, agreeing to abide by these terms of service, we grant you a non-transferable, non-exclusive licence to use the ContentIdeator App or Website SEO Automator App subject to these terms (and the other documents referred to in them). We reserve all other rights.
6. Applicable use restriction
6.1 not use the ContentIdeator App and Website SEO Automator App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms of service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the ContentIdeator App or Website SEO Automator App or our site;
6.2 not infringe our intellectual property rights or those of any third party in relation to your use of the ContentIdeator App and Website SEO Automator App to the extent that such use is not licensed by these terms of service;
6.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the ContentIdeator App and Website SEO Automator App;
6.4 not use the ContentIdeator App and Website SEO Automator App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
6.5 not engage in any non-legitimate or excessive use of the ContentIdeator App and Website SEO Automator App and, by way of illustration only, we consider the following to be indicative of non-legitimate or excessive use: (a) re-selling your subscription; (b) sharing subscriptions between users; or (c) making automated searches or unusual search patterns inconsistent with normal, individual subscription use;
6.6 not collect or use data from the ContentIdeator App and Website SEO Automator App, or the ContentIdeator API and the Website SEO Automator API, to provide a direct competitor product to ContentForest or substitute for ContentForest including all it’s free tools (found at http://www.contentforest.com/seo-tools);
6.7 not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the ContentIdeator App and Website SEO Automator App.
7. Limited warrenty
7.1 We warrant that:
7.1.1 the ContentIdeator App and Website SEO Automator App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described on our site; and
7.1.2 that our site correctly describes the operation of the ContentIdeator App and Website SEO Automator App in all material respects.
7.2 The warranty does not apply if you breach any of these terms of service.
7.3 If you are a consumer, this warranty is in addition to your legal rights in relation to software that is faulty or not as described.
8. Your account and password
8.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to or share it with anyone else.
8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.
8.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
9. Interllectual property rights
9.1 We are the owner or the licensee of all intellectual property rights in our site (and in the material published on it) and the ContentIdeator App and Website SEO Automator App. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You agree that we can:
9.2.1 make press announcements and publicise this agreement or its contents in any way; and
9.3 Fair Use of Copyrighted Material provided by the ContentIdeator App and Website SEO Automator App.
The views and opinions expressed or provided as part of the ContentIdeator App and Website SEO Automator App are those of the speakers and or authors and do not necessarily reflect the views and opinion of the 88Projects Limited and we do not claim any copyright over such views and opinions. We believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
10. No reliance on information
10.1 The content on our site and the results generated by the ContentIdeator App and Website SEO Automator Appare provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site or the results generated by the ContentIdeator App and Website SEO Automator App.
10.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
11. Paid App
11.1 Our Paid App is available under a number of subscription plans (each a Subscription Plan). Details of the Subscription Plans are set out in the table below together with the applicable subscription fees (Subscription Fees): http://www.contentforest.com/ideator/pro and http://www.contentforest.com/wsa
11.2 Subject to which Subscription Plan you choose, you agree to subscribe for it for the Trial Period, if applicable, or the Subscription Period. The relevant period starts on the date we accept your offer for a subscription (the Start Date).
11.3 We will automatically renew your subscription for the Paid App for either the Subscription Period or successive Renewal Periods, as the context requires and subject to paragraph 11.4.
11.4 Your subscription will not renew if:
11.4.1 either you or we notify the other of termination, in writing, at any time before the end of the Trial Period (if applicable), the Subscription Period or any Renewal Period, in which case your subscription shall terminate upon the expiry of the Trial Period, Subscription Period or Renewal Period (as the context requires); or
11.4.2 it is otherwise terminated in accordance with the provisions of these terms of service.
11.5 If you terminate your subscription, you will not be entitled to a refund after billing has occurred for an Subscription Period or any Renewal Period. We will, however, refund Subscription Fees (on a pro rata basis) when we have terminated your subscription before the end of an Subscription Period or, if applicable, a Renewal Period.
11.6 Where the Subscription Plan provides for a Trial Period, we will not charge any Subscription Fees for that period.
11.7 You must on the Start Date provide us with valid, up-to-date and complete credit or debit card details and any other contact and billing details we may require.
11.8 By providing your credit or debit card details to us or Third Party billing providers, you authorise us or the Third Party billing provider to bill your credit or debit card on the first date after the Trial Period and/or the Subscription Period and on the anniversary of each Renewal Period, for the Subscription Fees payable in respect of the Subscription Period or next Renewal Period, as the context requires.
11.9 All Subscription Fees:
11.9.1 are payable in US dollar (USD); and
11.9.2 are non-cancellable and non-refundable unless you are a consumer;
11.9 All Subscription Fees:
11.10 We are entitled to increase the Subscription Fees at the start of each Renewal Period upon 90 days’ prior notice to you.
11.11 You may purchase subscriptions (User Subscriptions) for one or more users (each an Authorised User) as shown in the table above. We grant you a non-exclusive, non-transferable right to permit the Authorised Users to use the Paid App during the Trial Period (if applicable), the Subscription Period and any Renewal Period solely for your own business operations.
11.9 All Subscription Fees:
11.12 In relation to the Authorised Users, you undertake that:
11.12.1 the maximum number of Authorised Users that you authorise to access and use the Paid App shall not exceed the number of User Subscriptions you have purchased under the applicable Subscription Plan;
11.12.2 you will not allow any User Subscription to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use Paid App;
11.12.3 you shall permit us to audit use of the Paid App and, if any such audit reveals that:
- any password has been provided to any individual who is not an Authorised User, then without affecting our other rights, you shall promptly disable such passwords and we shall not issue any new passwords to any such individual; or
- you have underpaid Subscription Fees to us, then without affecting our other rights, you shall pay to us an amount equal to such underpayment within ten days of the date of the relevant audit.
12. Limitation of liability
12.1 Nothing in these terms of service excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by New Zealand law.
12.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or the ContentIdeator App and Website SEO Automator App, whether express or implied.
12.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:.
12.3.1 use of, or inability to use, our site; or
12.3.2 use of or reliance on any content displayed on our site or the results generated by the ContentIdeator App and Website SEO Automator App.
12.4 If you are a business user, please note that in particular, we will not be liable for:.
12.4.1 loss of profits, sales, business, or revenue;
12.4.2 business interruption;
12.4.3 loss of anticipated savings;
12.4.4 loss of business opportunity, goodwill or reputation; or
12.4.5 any indirect or consequential loss or damage.
12.5 If you are a consumer user, please note that we only provide our site and the ContentIdeator App and the Website SEO Automator App for domestic and private use. You agree not to use our site or the ContentIdeator App and the Website SEO Automator App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or the ContentIdeator App or the Website SEO Automator App.
12.7 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms of service or our negligence up to the limit specified in the following paragraph, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the terms of service.
12.8 Our maximum aggregate liability under or in connection with these terms of service, (including your use of the ContentIdeator App and the Website SEO Automator App) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the Subscription Fees paid for the Subscription Period or the then current Renewal Period, as the context requires. This does not apply to the types of loss set out in the first paragraph of this section of these terms of service.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of service that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
14.1 We do not guarantee that our site will be secure or free from bugs or viruses.
14.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
14.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
15.1 We may terminate your subscription to the Free Apsp or Paid Apps at any time and without notice if you commit a material breach of these terms of service.
15.2 A material breach, for the purpose of the Paid Appa, includes but is not limited to, any unlawful attempt to copy the ContentIdeator App or the Website SEO Automator App, services or data of 88Projects and any attempt to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the ContentIdeator App or the Website SEO Automator App or services of 88Projects.
15.3 On termination for any reason:
15.3.1 all rights granted to you under these terms of service shall cease; and
15.3.2 you must immediately cease all activities authorised by these terms of service, including your use of the ContentIdeator App and the Website SEO Automator App.
16. Other important terms
16.1 We may transfer our rights and obligations under these terms of service to another organisation, but this will not affect your rights or our obligations under these terms of service.
16.2 You may only transfer your rights or obligations under these terms of service to another person if we agree in writing.
16.3 If we fail to insist that you perform any of your obligations under these terms of service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.4 Each of the conditions of these terms of service operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
17. Applicable law
17.1 If you are a consumer, please note that these terms of service, their subject matter and its formation, are governed by New Zealand law. You and we both agree to that the courts of New Zealand will have exclusive jurisdiction.
17.2 If you are a business, these terms of service, their subject matter and its formation (and any non-contractual disputes or claims) are governed by New Zealand law. We both agree to the exclusive jurisdiction of the courts of New Zealand.
If you wish to contact us in writing, or if any condition in these terms of service requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org, or by prepaid post to 88Projects Limited at 16 St James Avenue, Richmond, NZ 7020. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you have provided to us.