Effective Date: December 1, 2012
Welcome to Pingler.com. The Pingler.com website and its associated services and content (collectively "Website") is a service that is owned and operated by Garo Dedeyan ("Owner"). Owner has adopted this Terms of Use Agreement ("Agreement") to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.
OWNER MAY, AND RESERVES THE RIGHT TO, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICATIONS. IN THE EVENT OWNER MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
You warrant, understand, and agree that Owner is providing this Website for use by those who wish to utilize the Pingler.com products and services provided by Owner.
The above services ("Services"), paid or free, are provided for the sole purpose of improving your Internet Search Engine results and is not an endorsement of, recommendation of, affiliation with, or association with you, your website, goods, or services by Owner. Owner cannot provide legal advice, is not a lawyer or law firm, and cannot take action in a court of law on your behalf.
Two levels of service are offered:
a) free ping service – this service allows visitors to pingler.com to use the form on the homepage to ping their website or blogs. The free ping service allows five free pings a day. Free ping service does not entitle or deliver premium account features. Premium accounts can store URLs in their account and receive pings according to the package purchased.
b) premium ping service – the premium Services allow customers to store their URLs in their account where they are pinged automatically every three days. They may store as many URLs according to the package purchased. Premium accounts can only remove URLs from their account after 24 hours from last ping.
The premium Services are based on a subscription. Customers who subscribe and pay for the premium Services will automatically create a subscription that is managed by our payment processors Paypal.com or 2Checkout.com depending on which one was chosen when subscribing. The subscription is automatically recurring for an indefinite period and can be terminated by the customer at any time. Customers who wish to unsubscribe or terminate their premium subscription are advised to do so prior to the next billing cycle. Refunds may not be issued after the billing cycle has lapsed.
It is the Customer’s responsibility to ensure Customer’s service and account is active and in order and to notify Pinger in the event Customer detects a problem with Services.
Upgrades: Premium accounts may upgrade at any time on pro rata basis where you receive credit for the remaining period and you pay the difference towards a larger package.
Cancellation: Premium accounts may cancel before the next billing cycle to cancel services. Refunds will not be issued if a subscription is not terminated prior to the next billing cycle.
Service Satisfaction: In the event of dissatisfaction with the Services or any of its associated staff, complaints should be made via email to admin@pingler.com .
Account Deletions: Registered members and customers may request account closure by creating a support ticket in our helpdesk. When an account is terminated, it will not be re-activated and should the account owner wish to resume service in the future, they would need to register again with a new account.
Ping Resources: Occasionally ping services and ping servers may go offline. This is due to maintenance or even the fact that they have become redundant. Pingler.com cannot accept responsibility for ping services or ping servers that go offline or become unreachable in any way and for any reason. We have no control over third party services. Our system automatically removes redundant or unreachable ping servers and replaces them with new ones.
Indexers and crawlers: When Pingler pings ping resources, in response various indexers and crawlers visit the URLs that were pinged. Pingler has no control over the time that these crawlers and or indexers visit the URLs pinged and nor does Pingler have control over the result of their visit to the URL.
Service Disruptions: Should there be any disruption to our service due to technical reasons, we give such situations priority and will do everything to restore normal service as soon as possible. We will do our best to update our visitors and customers via our website or if technically impossible, we will use Facebook, Twitter and our blog if possible for updates, details below:
Facebook: https://www.facebook.com/pinglerdotcom
Twitter: http://twitter.com/pinglerdotcom
Blog: http://Pingler.com/blog
Owner is not responsible for any negative action from any search engine, including but not limited to Google. Services are a ping service, meaning we notify search engines, indexers and ping servers of an update to user websites or blogs. We do not promise, warrant or guarantee ranking for your blog or website ie getting top ranking on search engines results. We are a ping service.
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement.
You warrant, understand, and agree that you are solely responsible for the facts and accuracy of all information submitted by Owner on your behalf to any third party. Owner is not responsible for the content of any Services, and you warrant, understand, and agree that you will disclose any and all material connections and material relationships necessary to comply with any and all rules, regulations, laws, and statutes, including, without limitation, any terms of service or terms of use on any third party website or forum. You agree that Owner is not responsible, or liable for any damage resulting from, you being banned from any website or forum as a result of your use of Services.
Owner relies upon information provided from you in providing its Services. For any review or rating, you agree to provide Owner with any customer, user, or other third party information used in connection with Services, the providing of such information will comply with and not violate any and all rules, regulations, laws, and statutes, you are the owner of or otherwise authorized, licensed, and/or permitted to such information, and such information is true and accurate.
Owner does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Owner’s Services. Owner’s Website is operated in Liechtenstein and Owner makes no representation that its services or Website are appropriate, lawful, or available for use in other locations. Website and Services are not offered where prohibited by law.
Owner is a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, or legality of the information provided by you for use in connection with Services or other service displayed on or offered through the Website. The Pingler SEO tools are developed by freelance coders to allow our customers and visitors utilities and features to assess their websites and blogs. These are complimentary tools and although we do our best to ensure their functionality and reliability we cannot be held responsible for misuse or non-functionality.
You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from using the Website and/or Services for the following, without limitation:
1. Impersonating another for whatever reason, misrepresenting your affiliation with or material connection to any entity, including Owner, and providing fraudulent, misleading or otherwise inaccurate information;
2. Spamming or phishing;
3. Harassing, defaming, abusing, stalking, or threatening a third party or encouraging bodily harm or the destruction of property;
4. Infringing upon the intellectual property rights or other personal, privacy, or proprietary rights of third parties;
5. Transmitting content that markets material or exploits children under the age of 18 years of age;
6. Transmitting content that provides information, instruction, advice, or assistance in causing or carrying out any violence or unlawful activity;
7. Transmitting viruses, worms, Trojan horses, spyware, or other harmful code or material;
8. Transmitting content that pertains to pornography, illegal drugs or contraband, illegal goods/pirated software/infringing material, or weaponry;
9. Transmitting content that violates any term or condition of this Agreement;
10. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
11. Circumventing Owner’s technological or security protection mechanisms;
12. Using a robot, spider, scraper, or other automated technology to access the Website;
13. Posting or transmitting content, or using the Website in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international; or
Your violation of any term or condition of this section may result in the immediate termination of any Services and the disabling of your access to the Website.
The Pingler Blog located at www.pingler.com/blog is updated by freelance writers or users. Pingler is not responsible for any of the blog posts or content nor posts on its Facebook and Twitter accounts. The views reflected in the posts are of the authors. Any advice given in the blog, in terms of SEO (search engine optimization) or tips for optimizing websites or blogs in entirely the opinion of the authors.
Owner may provide you with the ability to submit user generated content to or through the Website, which may be used in whole or in part in connection with Services, which may include, but is not limited to: (1) posts, including comments, and news stories that may contain information, text, and comments; articles; photographs, images and designs; and other information concerning you, your products, and your services; (2) social media likes and follows; and (3) information related to your business and customers (collectively "User Generated Content"). You agree that you are the owner of, or have rights to, any and all User Generated Content submitted. You further warrant that any User Generated Content that you submit to the Website will not violate or infringe upon the rights of third parties, including, but not limited to, trademark rights, copyright rights, patent rights, rights of publicity and privacy, and any other intellectual property right, personal right, or proprietary or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
By submitting information to the Website and/or Owner, you grant Owner a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your information for the customary and intended purposes of the Website and Services. By submitting information to the Website, you further agree to waive all rights of publicity or privacy with respect to the information submitted. You agree to execute any and all documents requested by Owner and shall cooperate in any endeavor Pingler makes to obtain the necessary rights to display your information.
This provision shall survive any termination of this Agreement for the maximum period permitted under applicable law.
You acknowledge and agree to the extent applicable that Owner is an interactive computer service provider under Section 230 of the Communications Decency Act or similar Act under various jurisdictions worldwide. Owner may edit, remove, or control the content displayed on its Website. Regardless of editing, removing, or modifying any User Generated Content, you agree that Owner will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content provided by you, in whole or in part, whether through the Website or otherwise.
If you elect paid Services you must pay a fee, as quoted by Owner, in order utilize Services. You agree to pay all fees and charges on time, and Owner may terminate or disable your access to the Website or its providing of Services if you fail to pay any amount owing to Owner when due. You agree that you will pay all costs of collection, including legal fees, incurred by Owner. All payments are non-refundable and non-cancellable, except that if you are not 100% satisfied with your purchase, you may cancel the Services within 72 hours and receive a full refund of the cost of your purchase. Refunds or credits will only be issued in the same format as when paid.
All costs and fees are quoted and payable in United States Dollars. You agree that you will not initiate any chargebacks to Owner unless otherwise authorized by Owner in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Owner.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Owner, in writing, within ten (10) days of any such dispute. You understand that your failure to notify Owner of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
Owner reserves the right at any time to modify or discontinue the Website or any of its associated services without notice and in its sole and absolute discretion. Owner reserves the right at any time to modify the price charged for its Services offered through the Website.
You understand and agree that Owner is the owner, or licensee, of all rights in and to the Website and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Owner. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.
You may not use any of Owner’ trademarks, or other intellectual property, without its prior, written permission. Owner hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. No right to the software or underlying technology is granted to you. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Owner.
You understand that the Website may contain links to third party websites, applications, or services that Owner does not own or control. You agree that Owner will not be held responsible or liable for the content of third party websites, applications, or services and that Owner’ inclusion of those websites, applications, or services within its Website does not constitute Owner’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
Owner may terminate your access to or use of the Website, and disable any Services, for any reason or no reason whatsoever.
Owner hereby incorporates its Privacy Policy into this Agreement.
OWNER DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, SERVICES, OR ANY GOODS OR SERVICES LINKED THROUGH THE WEBSITE. OWNER PROVIDES THE WEBSITE AND SERVICES ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
OWNER WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH SERVICES. OWNER DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. OWNER RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
OWNER DISCLAIMS ANY WARRANTY OR GUARANTEE OF INTERNET SEARCH ENGINE RESULTS, THE REMOVAL, SUPPRESSION, OR ALTERATION OF ONLINE CONTENT ABOUT YOU, OR ANY CHANGE IN YOUR ONLINE REVIEWS, RATINGS, AND/OR SCORINGS.
YOU ACKNOWLEDGE AND AGREE THAT OWNER WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR SERVICES PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT OWNER CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR SERVICE PROVIDED THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO OWNER, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
You understand and agree that these Terms of Service are based upon reliance on the disclaimers of warranty and limitations on liability and they are material to the bargain between the Owner and you.
You agree to hold harmless, indemnify, and defend Owner, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your violation of any term or condition of this Agreement, breach by you, content provided by you, or your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend Owner under the terms of this Agreement will not provide you with the right to control Owner’s defense, and Owner reserves the right to control its defense regardless of your contractual requirement to defend Owner. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of Owner, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order, if at all.
You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. Owner may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Website.
This Agreement will be interpreted under and governed by the laws of the Country of Liechtenstein without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Owner will be exclusively resolved through arbitration.
YOU AND OWNER AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN LIECHTENSTEIN AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE COUNTRY OF LIECHTENSTEIN. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND OWNER AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT FOR THE ARBITRATION IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND OWNER AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If you believe that a user of Website and/or Services has infringed upon your copyright rights, please provide Owner with a notice of copyright infringement in compliance with the Online Copyright Infringement Liability Limitations Act ("OCILLA"). Once Owner receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Owner will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Owner with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
Notifications of copyright infringement and counter-notifications may be submitted to Garo Dedeyan with a copy sent via email to admin@pingler.com.
Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon performance of the services.
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
This Agreement and the Privacy Policy incorporated by reference constitute the entire agreement between you and Owner with respect to the Website and your relationship with Owner, unless additional written terms are agreed to, in writing, between Owner and you in connection with Services. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind Owner.
The Website is not directed to persons under the age of eighteen (18) and Owner will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Owner inadvertently collects personally identifiable information, Owner will delete the personally identifiable information in accordance with its security protocols.
OWNER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN TWELVE MONTHS AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN TWELVE MONTHS WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
All rights not expressly granted herein are reserved to Owner.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC