Terms & Conditions
Flamingo SEO Rank is an online service from Flamingo SEO Rank srl (hereinafter "Flamingo SEO Rank", "we" or "us"). These Terms of Service govern your use of the Flamingo SEO Rank software and any additional services offered by or available from Flamingo SEO Rank (the "Product and Services"). Please read these Terms of Service carefully.
YOUR ACCESSING THIS WEB SITE AND USE OF THE SERVICES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF SERVICE AND YOU CONSENT TO THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF SERVICE") DISCLOSED HEREIN. YOU AND FLAMINGO SEO RANK INTEND THAT THIS IS A BINDING LEGAL AGREEMENT. IF YOU DO NOT AGREE WITH ANY OR ALL OF THESE TERMS, DO NOT USE THE SERVICES. VIOLATION OF THESE TERMS OF SERVICE WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO THE PRODUCT AND SERVICES.
1. CHANGES TO THE TERMS OF SERVICE
We may change these Terms of Service at any time. You can review the most current version of these terms by clicking on the "Terms of Service" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use the Product and Services after we post changes to these Terms of Service, you are signifying your acceptance of the new terms. When such a change is made, we will update the "Last Updated" date at the end of this document.
2. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
You agree that we may provide to you required notices, agreements and other information concerning the Flamingo SEO Rank Product and Services electronically. We will post the notices on the home page of Flamingo SEO Rank or on the relevant web page of the applicable service.
3. PRIVACY POLICY
The Flamingo SEO Rank Privacy Policy explains the practices that apply to your information when you use the Flamingo SEO Rank Product and Services. Your ongoing use of the Flamingo SEO Rank Product and Services signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the "Privacy Policy" link located on the home page of www.Flamingo SEO Rank.com.
4. CHANGES TO FLAMINGO SEO RANK
We may discontinue or change any service or feature provided at www.FlamingoSEORank.com at any time.
5. SERVICE TERMS
You may use the Flamingo SEO Rank Product and Services for lawful, authorized purposes and only in accordance with these Terms of Service.
You must be 13 years or older in order to use the Product and Services. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your full legal name, a valid email address and other information we request in order to complete the signup process and use Flamingo SEO Rank Products and Services.
Your login may only be used by you. You may not share your login with anyone else. Additional, separate logins are available through the Services.
You are responsible for maintaining the security of your account and password. Flamingo SEO Rank accepts no responsibility or liability for any loss or damage arising from your failure to comply with this security obligation.
You are responsible for all of the content posted and activity that occurs under your account.
One person or legal entity may NOT maintain more than one free account.
You may not submit any material, or otherwise engage in any conduct that:
Impersonate any person, business or entity, including Flamingo SEO Rank and its employees and agents;
Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
Encourage conduct that would constitute a criminal offence, or that gives rise to civil liability;
You may not use the Flamingo SEO Rank Product and Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Flamingo SEO Rank Product and Services.
You may not attempt to gain unauthorized access to any of the Flamingo SEO Rank Product and Services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
User Responsibility
Flamingo SEO Rank serves as an aggregator of information. User-generated content does not represent the advice, views, opinions or beliefs of Flamingo SEO Rank.
Flamingo SEO Rank is not responsible for the content of of third-party websites or user-generated information including comments, images, videos, links to third-party websites, business practices and privacy policies. The inclusion of third-party and user-generated content on the Product and Services does not imply any endorsement by or any affiliation with Flamingo SEO Rank.
In accessing the Product and Services, you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Product and Services.
Additional Terms
By accessing Flamingo SEO Rank, you are granting permission to us and others to aggregate searches for statistical purposes and use it in connection with the Product and Services and otherwise in connection with our business.
Flamingo SEO Rank does not provide legal services, and therefore, providing you with the ability to attach a license agreement to your compilation of links does not create an attorney-client relationship. The license agreement and all related information are provided on an "as is" basis.
Flamingo SEO Rank makes no warranties whatsoever regarding the license agreement and the information provided and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from their use.
Flamingo SEO Rank is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access.
Commercial Usage License / API Terms
Flamingo SEO Rank provides access to portions of its Site and Services via Online Services or API (Application Programming Interface) or RSS (Really Simple Syndication) feeds. For the purposes of these Terms, such access constitutes use of the Product and Services.
A commercial license is characterized as access to an Online Services Application or more than 100 queries per month.
This license is not for resale or representation by a third-party commercial enterprise.
You may not use these or any other features of the Site itself to allow the display of a substantial portion of the Flamingo SEO Rank database or reproduce, duplicate or copy the Flamingo SEO Rank Site.
The Flamingo SEO Rank Services provides search data aggregated from social media properties. It is for the express use of the company requesting commercial access as well as their subsidiaries and affiliates as well as visitors to their web site. The service is NOT intended for repackaging and / or resale - doing so will lead to the immediate cancellation of the Service, except that company requesting commercial access shall be specifically allowed to collect, save, aggregate and report on stored search data using the Flamingo SEO Rank API.
6. LICENSE TO USE FLAMINGO SEO RANK
The following terms and conditions govern your use of the Flamingo SEO Rank Products and Services. This is a license agreement ("Agreement") between you and Flamingo SEO Rank srl. ("Flamingo SEO Rank"). By accessing the Flamingo SEO Rank Services, you acknowledge that you have read, understand and accept the following terms and conditions. In the event you do not agree and do not want to be bound by these terms and conditions, destroy your passcode and cease all further use of the Flamingo SEO Rank Products and Services.
Ownership
Flamingo SEO Rank or its licensors are the owners of all right, title, and interest, including copyright, in and to the Flamingo SEO Rank Products and Services. Copyright to the individual programs available through www.Flamingo SEO Rank.com (the "Software"), which in turn are used to deliver the Flamingo SEO Rank Services to you, are either owned by Flamingo SEO Rank or its licensors. Ownership of the Software and all proprietary rights relating thereto remain with Flamingo SEO Rank and its licensors.
Restrictions on Use and Transfer
You may use only that copy of the Flamingo SEO Rank Services associated with your name and email address.
You may not:
Disclaimer of Warranties
We provide Flamingo SEO Rank "as is" and "as available." We make no express warranties or guarantees about Flamingo SEO Rank. We make no claims of time-to-load, service up-time or quality.
TO THE EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM IMPLIED WARRANTIES THAT FLAMINGO SEO RANK AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH FLAMINGO SEO RANK ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT FLAMINGO SEO RANK WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FLAMINGO SEO RANK, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE FLAMINGO SEO RANK (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A FLAMINGO SEO RANK REPRESENTATIVE SHALL CREATE A WARRANTY.
Remedies
YOUR EXCLUSIVE REMEDY REGARDING ANY PRODUCTS AND SERVICES PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH PRODUCT AND SERVICE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF FLAMINGO SEO RANK. IN NO EVENT SHALL OUR LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF FLAMINGO SEO RANK EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON FLAMINGO SEO RANK. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES, STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of Flamingo SEO Rank Product and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
8. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of New York govern this contract and any claim or dispute that you may have against us, without regard to New York’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Nassau County, New York, USA and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, COURTS IN NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COUNTY OF NASSAU, NEW YORK, USA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
9. COPYRIGHT AND CONTENT OWNERSHIP
We claim no intellectual property rights over the material you provide to the Product and Service. Your profile and the materials you upload are yours. We retain the right, but not the obligation, in our sole discretion, to refuse or remove any content that violates this Terms of Service Agreement or violates the ability of the Product and Service to serve its consumers.
All trademarks not owned by Flamingo SEO Rank that appear on this Site are the property of their respective site owners, who may or may not be affiliated with, connected to, or sponsored by Flamingo SEO Rank.
Flamingo SEO Rank originated content included on the Site, such as text, graphics, logos, data compilations, statistics and the compilation of all content on the Site, is the property of Flamingo SEO Rank and its licensors and protected by US, Belgian and International copyright laws.
Except as set out in these Terms, no reproduction of any Flamingo SEO Rank-originated content is permitted without written permission from Flamingo SEO Rank.
User-generated content is the property of the source sites listed. Such content is copyrighted, and any use or reproduction must comply with the terms of the respective license(s) and must include a label indicating such license.
10. SEVERABILITY AND INTEGRATION
This Terms of Service contract and any supplemental terms, policies or rules on the Flamingo SEO Rank website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
11. PAYMENTS
A valid credit card is required for both paying accounts and free trial accounts. After a free trial period or if payment is manually activated, if there is no cancellation, the credit card will be charged with the price of the plan selected.
Fees, rate limits and effective dates for the Product and Services are negotiated separately from the Terms of Service.
An upgrade from any plan to any more expensive paying plan will be pro-rated. You will be billed the pro-rated fee immediately upon upgrading.
The Services are billed in advance on a monthly basis for monthly plans, and a yearly basis for yearly plans.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
Any questions regarding your plan can be directed via email request in English, French, or Spanish to [email protected].
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only VAT when a valid number is provided.
For any upgrade or downgrade in plan level, your credit card or PayPal account that you provided will automatically be charged the new rate on your next billing cycle. However, your account will be pro-rated in the next billing cycle(s) when a downgrade occurs.
Downgrading your Service may cause the loss of content, features, or capacity of your account. Flamingo SEO Rank does not accept any liability for such loss. Prices of any Product and Service may change. Notice of pricing changes may be provided by contacting you using the contact information you have provided to us. Flamingo SEO Rank will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Product or Services.
12. TERMINATION
Your right to use Flamingo SEO Rank automatically terminates at the end of the term of our agreement and earlier if you violate these Terms of Service in connection with your use of Flamingo SEO Rank. We reserve the right, in our sole discretion, to terminate your access to all or part of Flamingo SEO Rank, in the event that you breach these Terms of Service, with or without notice.
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by using the cancellation link in the "Upgrade/Downgrade" screen from within the Flamingo SEO Rank application.
All of your content will be immediately deleted from the Services upon cancellation. This information can not be recovered once your account is cancelled. Flamingo SEO Rank, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Product or Services, or any other Flamingo SEO Rank service, for any reason at any time. Such termination of the Product and Services 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. Flamingo SEO Rank reserves the right to refuse access to the Products and Services to anyone for any reason at any time.
If you are a subscriber to one or more Products or Services that are terminated, limited, or restricted, such termination of the Products and Services will result in the deactivation or deletion of your account or your access.
Any notices must be sent to Flamingo SEO Rank in English at admin@Flamingo SEO Rank.com.
13. FAIR USE POLICY
What does this Fair Use Policy mean?
Flamingo SEO Rank is a Product and Service that helps thousands of customers each day and we cannot allow the actions of a few users to negatively influence the system performance for the majority. Some types of activities are obviously violations, such as exploiting multiple trials of the paid features. However, certain activities can cause review performance issues. These activities are difficult to summarize in a policy but are usually caused by a combination of items such as excessive downloading outside of what a normal person could do themselves, attempting to scrape the website, etc. As such, we retain the right to intervene in order to uphold the overall Flamingo SEO Rank high-quality user experience.
When do we invoke the Fair Use Policy?
Flamingo SEO Rank retains the right to limit or halt access to the Product and Service to any user imposing excessive load on the Flamingo SEO Rank system in a way that will compromise the system performance for the majority. Flamingo SEO Rank is designed with single user login in mind, excessive (beyond the norm of justified high usage) reporting may be met with a wait time message.
Such users who exhibit behaviours beyond the norm of justified high usage might be contacted by our sales team with a tailored enterprise proposal.
What happens when we invoke the Fair Use Policy?
Flamingo SEO Rank wishes to keep its customers satisfied, even those who are in violation of the Fair Use Policy, because we acknowledge that this might not be intentional. Excessive reporting may be met with a wait time message, evening out the load on the system for all users. In extenuating circumstances, if we invoke the Fair Use Policy by limiting or halting the Product and Service, we will get in touch with the impacted users to respectfully resolve the situation.
