The following terms and conditions apply to businesses and individuals who subscribe to the Serpzilla Service. Only registered subscribers may use the Serpzilla Service.
"Account" means the Customer account for use of the Service.
"Information materials" means an Information materials (consisting of text, links, images and any other information or materials) submitted by an Optimizer for publication on the websites of Publishers for the purpose of increasing the Citation level of the Optimizer’ Internet resource via the Service.
"Optimizer" means a Customer who uses the Service to publish Information materials on the websites of Publishers and/or the Internet resource Citation promotion and/or other services provided through the System.
"Agreement" means these terms and conditions, terms and conditions published on https://serpzilla.com/ and any other documents expressly incorporated by reference into these terms and conditions or any other documents published on https://serpzilla.com/
"Charge" means the charge payable by an Optimizer for provision of the Service.
"Citation" means the mention frequency index for the Internet resource serving for its accounting by automatic systems. In this respect traffic attraction and/or user clicks (including those through the Links) are not provided and thus the System does not control and rate possible clicks to Web resources through the Links.
"Commission" means the fee payable by us to an Affiliate.
"Compensation" means the fee payable by us to a Publisher.
"Content" means the Information materials and any other information provided to us by an Optimize in connection with their business (including but not limited contact details, hypertext link’s text, any images etc.) to be published on a Publisher's website and/or Internet resource Citation promotion and/or providing other services through the System.
"Customer" means a registered user of the Service, who may act as an Optimizer and/or a Publisher from time to time, and/or who may choose to participate in the Affiliate Program.
"Database” means the database of Information materials and Publishers' details maintained by us in order to provide the Service, through which Optimizer make Publication Requests and Publishers select Information materials which they wish to publish.
"Intellectual Property Rights" means all intellectual property rights and rights of a similar nature in any part of the world whether registered or not, including but not limited to copyright, trademarks, service marks, registered designs, design rights, database rights, patents, utility models, inventions, trade secrets and other confidential information, data, know-how, business or trade names and domain names, and including the right to apply for and to sue for past infringements of any of the foregoing rights.
"Internet resource" means internet website operated by Optimizer including all sub-domains.
"Malware" means viruses, worms, Trojans or other malicious or harmful computer code.
"Affiliate" means a Customer who promotes the Service pursuant to an Affiliate Program.
"Affiliate Program" means the arrangement concluded between Affiliate and Serpzilla.
"Publication Request" means a request to publish an Information materials on a Publisher's website via the Service.
"Publisher" means a Customer who publishes Information materials on its website.
"Customer" means a Customer referred to the Service by an Affiliate.
"Representatives" means any of our officers, employees, partners, affiliates, suppliers, successors and assigns, agents or representatives
"Service" means the software, the Website and other technology used by us to provide the Service.
"System" means the software, the Website and other technology used by us to provide the Service.
"Technical Control Check" means the System's automatic checking mechanisms used to confirm publication of an Information materials.
"we", "us" and "our" means Serpzilla Ltd (incorporated in Cyprus with number HE 272015), whose registered office is at Menandrou, 3 Glafkos Tower, Flat/Office 501, 1066, Nicosia, Cyprus.
"Website" means the internet website operated by us which is currently located at URL serpzilla.com, including all sub-domains and any replacement website from time to time.
"you" and "your" means the person or company or other organization who subscribes to the Service.
2.1 In order to use the Service, you must register for the Service on the Website.
2.2 You will be required to provide a password in order to access your Account. You shall ensure that such password is kept confidential and secure and you shall immediately notify us if you have any reason to believe that the password has been disclosed to any third party, or if it is being used or is likely to be used in an unauthorized manner. You accept all responsibility for any and all activities that occur through your Account (whether or not authorized).
You agree to hold us and our Representatives harmless and shall fully indemnify us and our Representatives and keep us and our Representatives fully indemnified from and against all loss, damage, actions, proceedings, claims, demands, liability and legal fees and costs incurred by us or our Representatives arising in connection with entry into this agreement or as a result of any breach, non-performance or non-observance by you (or your employees, agents or other representatives) of any warranties, representations, or obligations under these terms and conditions.
If you are dissatisfied with any matter connected to the provision of the Service, before referring the matter to arbitration pursuant to clause 20 you shall invoke the complaints procedure, specified by Serpzilla.
Our services are not available to unsupervised persons under eighteen (18) years or twenty one (21) years where eighteen years is not the legal age of majority (“the age of majority”). You must leave the Website now if you have not reached the age of majority and are not using the Website in conjunction with and under the supervision of your parents or guardians.
If any provision of these terms and conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these terms and conditions, and the validity and enforceability of the other provisions of the terms and conditions shall not be affected
No failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms and conditions shall preclude or restrict the further exercise of that or any other right or remedy.
These terms and conditions and any terms referred to in these terms and conditions constitute the entire understanding and agreement between you and us relating to their subject matter and supersede all previous understandings, agreements, negotiations and discussions between the you and us relating to such subject matter.
These terms and conditions and any terms referred to in these terms and conditions constitute the entire understanding and agreement between you and us relating to their subject matter and supersede all previous understandings, agreements, negotiations and discussions between the you and us relating to such subject matter.
No agency, partnership, joint venture or employment is created as a result of this agreement and you do not have the authority to bind us, or our Representatives, in any way.
Unless otherwise required by any mandatory provision of applicable law, all differences of any nature that may arise in relation to this Agreement between the contracting parties which have not been resolved through the Complaints Procedure shall be referred to arbitration by a single Arbitrator in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4. The Arbitrator will be proposed by the Arbitration Service of the Cyprus Chamber of Commerce and Industry and must be approved by the contracting parties. In case of disagreement between the contracting parties on the proposed Arbitrator, the Arbitrator will be appointed in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4.
These terms and conditions and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Cyprus.