Terms of Service Agreement for Conteio Contextual Content Service
Overview
We (the folks at Conteio) run a service called Conteio Contextual Content (Service) and would love for you to use it. Our basic service is free, and
we offer paid upgrades for advanced features as per customized individual agreements.
Our Service is intended to enhance your site.s users experience by displaying contextually matched content directly on the page that your users are
viewing. We give you the permission to choose the placement and description of the Service.s Widget and in return we ask you to read through the
guidelines below and agree with them before you get started.
( Note: the group of people at Automattic . the folks behind Wordpress.com . have decided to make their Terms of Service available under a Creative
Commons Sharealike license, which means they have given us and everyone else permission to repurpose it. We have made appropriate changes to fit our
own use. You can therefore, repurpose it but just make sure to replace references to us with ones to you, and if you want, the group at Automattic
would appreciate a link to WordPress.com somewhere on your site. They.ve spent a lot of money and time on the below, and other people shouldn.t need
to do the same.)
Terms of Service:
The following terms and conditions govern all use of the Conteio.com website and all content, services and products available at or through the
website, including, but not limited to, the Conteio Contextual Content (Service). The Website is owned and operated by Conteio, Inc. (.Conteio.). The
Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules,
policies (including, without limitation, Conteio.s Privacy Policy) and procedures that may be published from time to time on this Site by Conteio
(collectively, the .Agreement.).
Please read this Agreement carefully before accessing or using the web site or the Service By accessing or using any part of the web site or Service,
you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then
you may not access the website or use any services. If these terms and conditions are considered an offer by Conteio, acceptance is expressly limited
to these terms.
1. Your Conteio Contextual Content
If you use the Conteio Contextual Content service widget on your site you are responsible as per the rules below. Conteio may modify or remove
any Conteio Contextual Content service that it considers inappropriate or illegal, or otherwise potentially harmful to Conteio.
When installing the Conteio Contextual Content service widget on your site, you agree to display the entire widget
When installing the Conteio Contextual Content service widget on your site, you agree not to make any changes to the shape and size of the widget
unless you are explicitly allowed to do so. You may change the Service.s widget color to better suit your site.s.
When installing the Conteio Contextual Content service widget on your site, you agree to not to make any changes to the following: .Powered by
Conteio. and .get a widget. descriptions.
2. Responsibility of Contributors
In order for Conteio Contextual Content service to properly function, Conteio needs to process your page.s
content (Content) before displaying contextually relevant content links in the widget. This is the case regardless of whether the Content in question
constitutes text, graphics, an audio file, or computer software. By using Conteio Contextual Content service, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make
available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to
end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
you are required to inform Conteio upon any unauthorized uses of your site, or any other security breaches. Conteio will not be legally
responsible for any acts or errors by you, including any damages of any kind incurred as a result of such acts or errors.
the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost
the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material
(such as spoofing);
the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or
publicity rights of any third party; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by Conteio or otherwise.
3. Contextual Content
Conteio has sole discretion on content that appears on the widget. Conteio is dedicated to including high quality and
precisely matched content.
4. Service Termination
Without limiting any of the above representations or warranties, Conteio has the right (though not the obligation) to, in Conteio.s sole
discretion (i) refuse or remove the Service on your site, if, in Conteio.s reasonable opinion, violates any Conteio policy or is in any way harmful or
objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Conteio.s sole discretion.
Conteio will have no obligation to provide a refund of any amounts previously paid.
5. Fees and Payment
Optional premium paid services such as extra content links, domain-specific results, content crawling, customized widget look & feel and others
as per individual agreements are available by contacting Conteio at info at conteio dot com. By selecting a premium service you agree to pay Conteio
the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will
cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
6. Premium Services
Contact us at info at conteio dot com for more.
7. Responsibility of Website Visitors
Conteio has not reviewed, and cannot review, all of the material, including computer software, listen on the Conteio Contextual Content service
widget, and cannot therefore be responsible for that material.s content, use or effects. By operating the Conteio Contextual Content service, Conteio
does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You
are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. The Conteio Contextual Content service may contain content that is offensive, indecent, or otherwise objectionable, as
well as content containing technical inaccuracies, typographical mistakes, and other errors. The Conteio Contextual Content service may also contain
material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Conteio disclaims any responsibility for any
harm resulting from the use by visitors of the your site, or from any downloading by those visitors of content there posted.
8. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to
which Conteio.com links, and that link to Conteio.com. Conteio does not have any control over those non-Conteio websites and webpages, and is not
responsible for their contents or their use. By linking to a non-Conteio website or webpage, Conteio does not represent or imply that it endorses such
website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. Conteio disclaims any responsibility for any harm resulting from your use of websites and webpages
via the Conteio Contextual Content service widget.
9. Copyright Infringement and DMCA Policy
As Conteio asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that
material located on or linked to by Conteio Contextual Content service violates your copyright, you are encouraged to notify Conteio in accordance
with Conteio.s Digital Millennium Copyright Act (.DMCA.) Policy. Conteio will respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes
the copyrights or other intellectual property rights of Conteio or others, Conteio may, in its discretion, terminate or deny access to and use of the
Conteio Contextual Content service. In the case of such termination, Conteio will have no obligation to provide a refund of any amounts previously
paid to Conteio.
10. Intellectual Property
This Agreement does not transfer from Conteio to you any Conteio or third party intellectual property, and all right, title and interest in and
to such property will remain (as between the parties) solely with Conteio. Conteio, Conteio.com, the Conteio.com logo, and all other trademarks,
service marks, graphics and logos used in connection with Conteio.com, or the Conteio Contextual Content service are trademarks or registered
trademarks of Conteio or Conteio.s licensors. Other trademarks, service marks, graphics and logos used in connection with the Conteio Contextual
Content service may be the trademarks of other third parties. Your use of the Conteio Contextual Content service grants you no right or license to
reproduce or otherwise use any Conteio or third-party trademarks.
11. Changes
Conteio reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the Conteio Contextual Content service following the posting of any changes to
this Agreement constitutes acceptance of those changes. Conteio may also, in the future, offer new services and/or features through the Conteio
Contextual Content service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and
conditions of this Agreement.
12. Termination
Conteio may terminate your access to all or any part of the websites and Conteio Contextual Content service at any time, with or without cause,
with or without notice, effective immediately. If you wish to terminate this Agreement or your Conteio.com account (if you have one), you may simply
discontinue using the Conteio Contextual Content service. Notwithstanding the foregoing, if you have a Premium Services account, such account can only
be terminated by Conteio if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Conteio.s notice to you
thereof; provided that, Conteio can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement
which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
13. Disclaimer of Warranties
The Conteio Contextual Content service is provided .as is.. Conteio and its suppliers and licensors hereby disclaim all warranties of any kind,
express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither
Conteio nor its suppliers and licensors, makes any warranty that the Conteio Contextual Content service will be error free or that access thereto will
be continuous or uninterrupted.
14. Limitation of Liability
In no event will Conteio, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of
procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the
fees paid by you to Conteio under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Conteio shall
have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by
applicable law.
15. General Representation and Warranty
You represent and warrant that (i) your use of the Conteio Contextual Content service will be in strict accordance with the Conteio Privacy
Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission
of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or
misappropriate the intellectual property rights of any third party.
16. Indemnification
You agree to indemnify and hold harmless Conteio, its contractors, and its licensors, and their respective directors, officers, employees and
agents from and against any and all claims and expenses, including attorneys. fees, arising out of your use of the Website, including but not limited
to out of your violation this Agreement.
17. Miscellaneous
This Agreement constitutes the entire agreement between Conteio and you concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of Conteio, or by the posting by Conteio of a revised version. Except to the extent applicable
law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A.,
excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and
federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual
property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally
settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (.JAMS.) by three arbitrators
appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral
decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and
attorneys. fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties. original intent,
and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement
to any party that consents to, and agrees to be bound by, its terms and conditions; Conteio may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.