Terms of Service

The following Terms of Service govern your use of the Silicon Beach Digital, Inc. (“Silicon Beach Digital”) Web Site located at www.siliconbeachdigital.com, including any services and features available both on or through the Web Site. The Web Site is made available by Silicon Beach Digital.  We reserve the right to change the Terms of Service, by posting such changes on the Site.  By using the Site, you accept and agree to these Terms of Service as applied to your use to the Site.  If you do not agree to these Terms of Service, you may not access or otherwise use the Site.

Use of Service

Silicon Beach Digital offers services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Silicon Beach Digital will not provide services to you if your business does not operate in accordance with the law, if your business does not contribute to a better society in some capacity, and/or if your business relates to gambling, pornographic material, and/or pharmaceuticals. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Silicon Beach Digital services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Silicon Beach Digital of any unauthorized use of your password or account or any other breach of security.

Pricing

For purposes of this Agreement, a User who pays for any portion of the Site or Service shall be referred to as a “Subscriber”.  As a Subscriber, you must agree to the payment terms presented to you at the time you sign up on the Site. Accounts will be paid for via invoicing. If the company has agreed to enter into an invoicing relationship with you, all invoices must be paid within 7 days. Late payments that are more than 7 days past due incur a fee of $100 or 15%, whichever is greater. After 30 days services will be discontinued. To reinstate services both the missed payment and the late fee must be cleared in full. You agree that you are liable for attorneys’ fees and reasonable collection costs arising from the Company’s efforts to collect on past due amounts.

Proprietary Rights

As between you and Silicon Beach Digital, with the exception, in some cases, of Submitted Materials, as defined below in Section VIII, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, date and materials on the Site, and then look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein.  Your use of the Site does not grand you ownership of any content, code, data or materials that you may access on the Site.

All information submitted to Silicon Beach Digital is held as confidential and is not shared with anyone other than those who will help complete the job you contract us for.  All content we provide is considered a “work for hire” and all copyrights belong to you, the client, unless otherwise specific in an agreement between you and Silicon Beach Digital.

Silicon Beach Digital agrees not to reuse or redistribute the content we provided to you as long as you have paid in full for the content. Silicon Beach Digital cannot be held responsible for similar content appearing anywhere nor can we be held responsible for someone else misusing your content.  It is your responsibility to govern your content and protect your copyrights. 

Resellers of blog services and Affiliate Services provided by Silicon Beach Digital are bound with us as if they are the clients, and we are the provider.  Any Terms of Service or contracts between resellers and clients remain between them and we shall not be held liable for what any reseller does with content or any other promises they make to their clients.

All writers, bloggers, affiliates, or other people who freelance or work for Silicon Beach Digital agree to the following:

Limited License

You may access and view the content on the Site on your computer or other Internet-compatible device, and make single copies or prints of the content on the Site for you personal, internal use only.  The Site and the Site’s services and any content and materials on the Site, are only for your personal, non-commercial use.

Prohibited Use

You may not commercially distribute, publish or exploit the Site, or any content, code, date or materials on the Site, unless you have received the express written prior permission of Silicon Beach Digital or the applicable rights holder.  Other than as set forth in Section IV of this Terms of Services Agreement, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site.  If you make other use of the Site, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be liable for such unauthorized use.  Silicon Beach Digital will enforce its intellectual property rights for such unauthorized use.  Silicon Beach Digital will enforce its intellectual property rights to the fullest extent of the law.

Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of Silicon Beach Digital and other owners and may not be used unless authorized by the trademark owner.  Silicon Beach Digital will enforce its Trademark rights to the fullest extent of the law.

User Information

Over the course of your use of the Site, you may be asked to provide certain personal information to us.  Our information collection and use policies with respect to the privacy of such personal information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes.  You, and not Silicon Beach Digital, are responsible for the accuracy, currency and content of such information.

Submitted Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way.  Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, online meetings and/or our blogs or send to us via e-mail) (Submitted Materials) will be deemed not to be confidential or secret, any may be used by us in any manner consistent with Silicon Beach Digital’s Privacy Policy.  By submitting or sending Submitted Materials to us, unless we agree otherwise specifically in writing, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights to such Submitted Materials (in whole or in part), and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such works from, distribute, perform, display, make sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.

Prohibited User Conduct

You agree that, while using the Web Site and the Web Site’s various services and features, you will not: impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any person or entity, including without limitation, anyone from Silicon Beach Digital or the Site; insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Silicon Beach Digital or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means; engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information; engage in any automatic means of accessing, logging-in or registering on the Site or for any of the Site’s services or features, or obtaining lists of users or obtaining or accessing other information, services or features on, from or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; use the Site or the Site’s services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, or interfere with any other party’s use and enjoyment of then Site, including, without limitation, sending mass unsolicited messages of “flooding” servers with requests; use the Web Site or the Web Site’s services or features in violation of Silicon Beach Digital’s or any third party’s intellectual property or other proprietary or legal rights; use the Site or the Site’s services in violation of any applicable law; attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with the Site or the Site’s services, or any content on the Site of the Site’s services; or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

 Public Forums, Blogs and Article Directories

We may from time to time, make online communities, messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site.  In additional to any other rules or regulations that we may post in connection with a particular service, you agree that you will not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which: restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services; are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or are otherwise objectionable to Article Content Provider and Silicon Beach Digital, in its discretion; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary rights; contain a virus, spyware, or other harmful components; contain embedded links, advertising, chain letters or pyramid schemes of any kind; or constitute or contain false or misleading indications of origin, endorsement or statements of fact.

It is important to remember that comments, materials and information submitted to a public forum or online community may be recorded and stored in multiple places, both on our Web Site and elsewhere on then Internet, which are likely to be accessible for a long time and you have no control over who will read, view or access them eventually.  Therefore, you should not disclose any sensitive, personal, proprietary or confidential information, about yourself or others, in your comments or other submissions to our public forums or other online communities, such as to our blog(s).

 Right To Monitor and Editorial Control

We reserve the right (but have no obligation) to monitor or review all materials posted or submitted to the Web Site or through the Web Site's services or features by users (including, for example and without limitation, our blog(s)), and we are not responsible for any such materials posted by users. However, we may disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, delete or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms of Service, our policies or applicable law.

 Linking To The Web Site

We may insist that any link to the Web Site be discontinued, and we may revoke your right to link to the Web Site from any other web site at any time upon written notice to you, and in such event that you agree to discontinue any such linking activity.

Indemnification

You agree to defend, indemnify and hold Silicon Beach Digital, its affiliates, and its and their directors, officers, employees, trustees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of this Terms of Services Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Orders for Products and Services

We may make certain products available to visitors and registrants of the Site. You may only order products if you are 18 years old or older. You agree to pay in full the prices (and all applicable taxes) for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Silicon Beach Digital. If we do not receive payment from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.

Third Party Web Sites

You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”).  You agree to and acknowledge that we do not endorse or sponsor nor have the responsibility for, the information, content, products, services, advertising, code or other materials which may or may not be provided by either by or through Linked Sites, even if they are owned or run by affiliates of ours. 

Copyright Agent

We respect the intellectual property rights of others and require that the people who use the Web Site do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to support@siliconbeachdigital.com.

Disclaimer of Warranties

The Site and its services, content, functions and materials are provided “as is,” “as available,” and without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness or content of information on the Web Site, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.  And we hereby disclaim any and all such warranties, express and implied.  No advice, results or information, whether oral or written, obtained by you from us or through the Web Site (including, without limitation, through our blog(s)) shall create any warranty.  Silicon Beach Digital also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in then Web Site or your downloading of any materials, data, text, images, video, or audio from the Site.  If you are dissatisfied with the Web Site, your sole remedy is to discontinue using the Web Site.

We reserve the right to change or make corrections to any of the information provided on the site at any time and without any prior warning.  We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on then site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on then Web Site.  Without limitation of the above in this section, we hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the Web Site or in correspondence with Silicon Beach Digital or its agents.

Limitation of Liability

In no event, including but not limited to negligence, shall Silicon Beach Digital or its affiliates or any of its and their directors, officers, employees, trustees, agents or content or service providers (collectively, the protected entities) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Web Site or the content, materials and functions related thereto, your provision of information via the Web Site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages.  Some jurisdictions do not allow the limitation or exclusion of the above limitations may not apply to certain users.  In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Web Site.  In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms of Service or your use of the Web Site exceed, in then aggregate, the amount, if any, paid by you to Silicon Beach Digital for your use of the Web Site or purchase of products via the Web Site.

Applicable Laws and Dispute Resolution

We control and operate the Web Site from our offices in the United States of America.  We do not represent that materials on the Web Site are appropriate or available for use in the other locations.  Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  This Terms of Service and the relationship between you and us shall be governed by the laws of the United States and the State of California, without regard to its conflict of law provisions.  All parties agree that in the event of any dispute with respect to this Terms of Service or nay respective obligations hereunder, such dispute shall be settled by arbitration in then County of Los Angeles, State of California, in accordance with the commercial rules of the American Arbitration Association.  Any award rendered by the arbitrators shall be final and judgment may be entered upon it in any court of competent jurisdiction.  Our failure to exercise or enforce any right or provision of this Terms of Services Agreement shall not constitute a waiver of such right or provision.  If any provision of this Terms of Services Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms of Services Agreement remain in full force and effect.

Refunds

Silicon Beach Digital will offer a full refund upon the cancellation of your account if and only if your rankings did not improve within the first three months following the initial date of service otherwise all charges are final.

Termination

We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time.  We may restrict, impose limits on, suspend or terminate your access to the Web Site and/or its services or features (e.g., our blog(s)) if we believe you have violated this Terms of Services Agreement or applicable law, or for any other reason without notice or liability.  Silicon Beach Digital maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

Changes to Terms of Service

Silicon Beach Digital reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time.  Changes to the Terms of Service will be effective when posted.