RichRank – Terms of Use

 

1. ACCEPTANCE OF TERMS

Matthias Kamann and this website (the "Site," and collectively hereinafter referred to as "RichRank") provides its services to you subject to the following Terms of Use ("TOU"). RichRank reserves the right to update and change the TOU from time to time without notice or acceptance by you, however, RichRank will use its commercially reasonable efforts to include notices regarding any such updates or changes to this TOU on the Site. By continuing to use the Site, the Service (as defined below), you signify your binding and irrevocable acceptance of this TOU (including any updates and changes that we may make from time to time) and the Privacy Policy.

 

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://richrank.com/page/termsofuse

 

3. DESCRIPTION OF SERVICE

RichRank is a ranking in which the user may create personal entries. The order of the entries is based on the amount paid for the entry. The rank of an entry may vary depending on the value of other users’ entries. In case two or more entries have the same value, the one is ranked higher whose entry has entered the ranking first. The time an entry enters the ranking also depends on the activation time (for example when the payment is conducted via payment in advance when the funds have cleared). After registration, the user has the opportunity to increase the value of an entry by using the “boost”-function in the profile. The entry can be created with an obliged headline and optionally with text, URL and/or image. Visitors of the website are forwarded to the user’s URL when clicking on an entry. Each entry is connected to one registration e-mail address only. If a user wants to create one or more than one entry he or she has to apply different email addresses in the creation/registration process.

 

 

4. REGISTRATION, MEMBER ACCOUNT, PASSWORD AND SECURITY

Some functions of this Service, may require you to register by e-mail (User ID) and password, and providing certain information about yourself. In registering as a user, you represent and warrant that you are of legal age to form a binding contract, and agree to provide accurate, current, and complete information about yourself as prompted, and to maintain and promptly update the information to ensure that it remains accurate, current, and complete.

You will have to create a password and account designation upon completing the RichRank registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RichRank of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RichRank cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

5. CONTENT OF ENTRIES

After having created an entry and account, you have the opportunity to change the content of your entry. The amount of changes per hour is limited to ten (10) times. You can delete your entry together with your account. If you delete your entry and account you won’t get a refund.

 

If you provide any content that RichRank believes to be inaccurate, not current, or incomplete, that RichRank, in its sole discretion, finds offensive or inappropriate, RichRank has the right to suspend or terminate your account and refuse any and all current or future use of the Service. You agree to immediately notify RichRank of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID. RichRank will not be liable for any loss or damage arising from your failure to comply with this Section.

 

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that RichRank does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the RichRank site and Content available through the Service may contain links to other websites, which are completely independent of RichRank. RichRank makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will RichRank be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. If you change the content of the entry site to show offensive/obscene/adult material then your entry will be deactivated until you provide a corrected version of the entry. You will not get a refund for the entry downtime.

 

You agree to not use the RichRank Services to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the RichRank Service;

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. interfere with or disrupt the RichRank Services or servers or networks connected to the RichRank Services, or disobey any requirements, procedures, policies or regulations of networks connected to the RichRank Services, including using any device, software or routine to bypass our robot exclusion headers;

j. intentionally or unintentionally violate any applicable local, state, national or international law; ; and/or

k. "stalk" or otherwise harass another.

 

You acknowledge that RichRank may or may not pre-screen Content, but that RichRank and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the RichRank Services. Without limiting the foregoing, RichRank and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that RichRank may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of RichRank, its users and the public. You may not attempt to override or circumvent any of the usage rules embedded into the RichRank Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the RichRank Services, in whole or in part, is strictly prohibited.

Additionally, you agree not to:

a. attempt to gain unauthorized access to RichRank's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the RichRank website; or

b. use any form of automated device or computer program that enables the submission of postings on RichRank without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

 

6. LINKS

The RichRank Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that RichRank is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that RichRank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

7. RIGHT OF WITHDRAWAL

As soon as your entry has been published on the Website you do not have the right to withdraw.

 

8. PAYMENT

The minimum amount to pay for an entry is one (1) Euro. Any Euro-amount can be paid. Only even amounts are accepted. The payment can be conducted via E-Payment provider (e.g. PayPal) as well as advance payment. If you pay by PayPal, your entry and account will be activated directly after finishing the transfer on PayPal. If you pay by bank transfer, your entry and account will be activated as soon as the funds have cleared. As soon as your entry has been published, at least once, on RichRank, you cannot get a refund.

 

We may charge a fee which is an access fee permitting Content to be posted in a designated area. Each user posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.

 

9. AVAILABILITY

RichRank does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify RichRank, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

 

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT, VIOLATION

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify RichRank. For notice of claims of copyright or other intellectual property infringement and report of any violation of the TOS to:

violation@richrank.com

or:

Matthias Kamann

Stallvägen 50A:213

352 56 Växjö

Sweden

 

Please provide RichRank with the following Notice:

a. Identify the entry on the RichRank site that you claim is infringing, with enough detail so that we may locate it on the website;

b. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d. Your address, telephone number, and email address; and

e. Your physical or electronic signature.

RichRank will deactivate the entry and request a revision of the infringing entry.

 

11. LIMITATIONS ON SERVICE

You agree that RichRank has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that RichRank reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that RichRank shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. (The Service is aimed to be online (at least) until the 1st January 2015.)

 

12. ACCESS TO THE SERVICE

RichRank permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of RichRank sites so long as the link does not portray RichRank, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

 

RichRank offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. RichRank permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for

personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'RichRank' as the source, (d) your use or display does not suggest that RichRank promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden RichRank's systems. RichRank reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

 

13. UNLAWFUL USE AND CONDUCT

You agree that your use of the Service and the Software must comply with all applicable local, state, national, and international laws, and that you will not use the Service for any illegal purpose. You may not use our sites, services, or tools if you are not able to form legally binding contracts.

 

14. CONTRIBUTIONS TO RICHRANK

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to RichRank through its feedback webpage, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) RichRank is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) RichRank shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) RichRank may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of RichRank without any obligation of RichRank to you; and (f) you are not entitled to any compensation or reimbursement of any kind from RichRank under any circumstances.

 

15. NO COMMERCIAL REUSE OF RICHRANK SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the RichRank Services (including Content, advertisements, Software and your RichRank ID).

 

16. MODIFICATIONS TO RICHRANK SERVICES

RichRank reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the RichRank Services (or any part thereof) with or without notice. You agree that RichRank shall not be liable to you or to any third party for any modification, suspension or discontinuance of the RichRank Services (or any part thereof).

 

17. TERMINATION

You may terminate your RichRank account, any associated email address and access to the RichRank Services by submitting such termination request to RichRank.

You agree that RichRank may, without prior notice, immediately terminate, limit your access to or suspend your RichRank account, any associated email address, and access to the RichRank Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the RichRank Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) non-payment of any fees owed by you in connection with the RichRank Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in RichRank's sole discretion and that RichRank shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the RichRank Services.

Termination of your RichRank account includes any or all of the following: (a) removal of access to all or part of the offerings within the RichRank Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the RichRank Services.

 

18. RICHRANK'S PROPRIETARY RIGHTS

You acknowledge and agree that the RichRank Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the RichRank Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by RichRank or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the RichRank Services, such Content or the Software, in whole or in part.

RichRank is a registered trademark in the Swedish Patent and Trademark Office (Patent- och registreringsverket).

 

19. FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

20. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE RICHRANK SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE RICHRANK SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RICHRANK AND ITS EMPLOYEES, AGENTS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. RICHRANK AND ITS EMPLOYEES, AGENTS AND PARTNERS MAKE NO WARRANTY THAT (i) THE RICHRANK SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE RICHRANK SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RICHRANK SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE RICHRANK SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

21. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RICHRANK AND ITS EMPLOYEES, AGENTS AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RICHRANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE RICHRANK SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RICHRANK SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE RICHRANK SERVICE.

 

22. NOTICE

RichRank may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, postings on the RichRank Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the RichRank Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the RichRank Services in an authorized manner.

 

23. TRADEMARK INFORMATION

You agree that all of RichRank’s trademarks, trade names, service marks and other RichRank logos and brand features, and product and service names are trademarks and the property of RichRank.

 

24. GOVERNING LAW

The Site is controlled and offered by RichRank from its facilities in Sweden. RichRank makes no representations that the RichRank Site is appropriate or available for use in other locations. Those who access or use the RichRank Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

The TOU and the relationship between you and RichRank shall be exclusively governed by and construed in all respects under the laws of Sweden without giving effect to any choice-of-law or conflict-of-laws provisions. You agree that: (i) the RichRank Site shall be deemed solely based in Sweden; and (ii) the RichRank Site shall be deemed a passive Site that does not give rise to personal jurisdiction over RichRank, either specific or general, in jurisdictions other than Sweden. You and RichRank further agree to submit to the personal jurisdiction of the courts located in Sweden, for any and all legal claims, suits or actions that arise in connection with this Service, Site or from a dispute as to the interpretation or breach of the TOU.

 

25. GENERAL INFORMATION

The TOS constitutes the entire agreement between you and RichRank and governs your use of the RichRank Services, superseding any prior version of this TOS between you and RichRank with respect to the RichRank Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RichRank services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms: The failure of RichRank to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability: You agree that your RichRank account is non-transferable and any rights to your RichRank ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the RichRank Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Last updated October 12, 2009