ContentKing: ContentKing B.V., registered at Donauweg 10, 1043 AJ Amsterdam, the Netherlands and having its offices at Donauweg 10, 1043 AJ Amsterdam, the Netherlands;
the main (billing) account for the use of the Service which is created by You when you register for the Service, which will include at least one User-account;
Intellectual Property Rights: all intellectual property rights and related rights such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how;
Login Details: the email address and password which You provide when creating Your Account and with which You gain access to the Service and Your Account;
Content Information: the information about the content of a Client Website and its performance, such as metrics concerning its ability to be findable, shareable and optimized for conversions.
Service: the service of ContentKing, which is used to check the Content Information of a Client Website, as further specified in article 3;
User: a person who is authorized by You to use the Service on your behalf, by creating for that person a User-account;
User-account: a separate account under Your Account, with separate Login Details, for the creation and use of which You are responsible;
Client Website: A website being monitored by You, by using the Service
Website: ContentKing’s websites containing and describing the Service.
You (Your): you, the (legal) person that is using the Service and that has created an Account for the use of the Service;
3.1 The Service is a subscription for an online platform, on which You can monitor the Content Information, based on the metrics of the Service. The Service can identify issues and suggest actions to improve the performance of your content.
3.3 If you contact ContentKing for consultancy services and advice, ContentKing will render best efforts in providing these consultancy services and will advise You to the best of its abilities. ContentKing does not make any warranties or guarantees with regard to the accuracy or fitness for a particular purpose of the information provided in the consultancy services or advice. ContentKing is never obligated to provide consultancy services or advice.
3.4 ContentKing may access Your Account, if this is strictly necessary for support purposes, and for analysis and improvement of the Service. The access to Your Account is strictly regulated within ContentKing.
4.1 You are required to register for the Service. You accept that You are at all times responsible and liable for the use of the Service by third parties via Your Account.
4.2 You may use the Service to create User-accounts for, for instance, Your employees. By creating a User-account, You acknowledge that You are at all times responsible and liable for the use of the Service via that User-account and the User.
4.3 ContentKing may at all times (i) make functional, procedural or technical changes or improvements to the Service and (ii) (temporarily or permanently) take out of service, restrict the use of or terminate one or more Accounts on the Service.
4.4 You are solely responsible for the proper operation of the technical infrastructure necessary to use the Service. ContentKing is never liable for damage or costs on account of transmission errors, malfunctions or non-availability of computers, data or telecom facilities, including the internet.
4.5 If You think Your Login Details have been used or are being used by a third party, You must notify ContentKing immediately via [email protected].
5.1 You are not permitted to:
6.1 The Intellectual Property Rights in relation to the Service, including the Intellectual Property Rights with respect to the Content Information, are held by ContentKing or its licensors.
7.2 If and in so far as the Client Website you subject to the Service contains personal data, you guarantee that you are authorized to have ContentKing process this personal data on your behalf for the sole purpose of providing the Service.
7.3 It may be necessary to transfer your personal data to data centers located outside of the EER. Your hereby give your permission to do that, if and in so far this is necessary to provide the Service.
8.2 You guarantee that You are solely and fully entitled to subject a Client Website to the Service.
9.1 ContentKing accepts no liability for damages that result from:
9.2 When ContentKing is liable to Users for damages arising from any cause whatsoever, this liability is at any time limited to paying direct damages up to the amount paid by the User in the previous year, up to an absolute maximum of EUR 1.000,- per event (a sequence of events will be regarded as one event).
9.3 Direct damage is understood to mean exclusively:
9.4 Any liability of ContentKing for damage other than direct damage (“indirect damages”), including – but not limited to – consequential damages, loss and/or damage of data, loss of profits and lost sales, is fully excluded.
9.5 The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of ContentKing or her managers (“own actions”).
9.6 The creation of any right to compensation is always conditional on You reporting the damage to ContentKing in writing as soon as possible after it has come about. Any claim for compensation vis-à-vis ContentKing will be cancelled simply by the expiry of twelve months after the damage first arose.
10.1 Neither ContentKing nor You are liable to perform any obligation, including any warranty obligation agreed between the parties, if prevented therefrom by force majeure.
10.2 Force majeure is taken to mean inter alia: power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of suppliers of ContentKing, shortcomings by third parties which were engaged by ContentKing, disruption of the internet connection, hardware failures and failures in (telecommunications) networks.
11.1 You shall pay to ContentKing a fee for the use of the Service. The fees, payment terms and payment methods are communicated on the Website.
11.2 The pricing and payment methods may change from time to time. Any changes to the prejudice of You will be brought to Your attention beforehand. If You do not agree to the changes, Your only option is to terminate the Subscription.
11.3 In the event that payment of any invoice has not been received by ContentKing in full and/or on time, ContentKing has the right to send You a written notice of default, setting a reasonable term for payment, which term is (also) considered to be a fatal term. Parties agree that five days is a reasonable term for payment. In the event that payment has not been made within this reasonable term, ContentKing reserves the right to immediately revoke, suspend or limit Your Account. The foregoing is notwithstanding any other right ContentKing might have, such as the right to partially or fully rescind the Subscription for default. All costs associated with collecting due payments are for Your account.
12.1 The Subscription is entered into for an indefinite period of time. You may terminate the Subscription at any time by deleting all monitored Client Websites. Unless termination occurs within the first 30 days of the Subscription, ContentKing will not refund any amounts paid.
12.3 In case of a termination for any reason whatsoever, no obligation to undo any performance already delivered will arise from the termination of the Subscription.
12.4 In case of termination of the Subscription, all outstanding invoices will become due immediately. Termination will not have retroactive effect.
12.5 If you terminate Your Account within the first 30 days of the Subscription, you are entitled to a refund of all funds paid for the Service in relation to Your Account. This 30-day trial period is intended for trial and testing purposes, and as such, no refunds will be paid after this 30-day period.