ContentKing B.V., registered at Donauweg 10, 1043 AJ Amsterdam, the Netherlands and having its offices at Donauweg 10, 1043 AJ Amsterdam, the Netherlands;
Account: the personal account which is created by You when you register for the Service and to which you obtain access after entering Your Login Details;
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;
the email address and password which You provide when creating Your Account and with which You gain access to the Service and Your Account;
the information about the content of a website you monitor and its performance , such as metrics concerning its ability to be findable, shareable and optimizable for conversions.
the service of ContentKing, which is used to check the Content Information of a website, as further specified in article 3;
a person who is authorized by You to use the Service on your behalf, by creating for that person a User-account;
a separate account under Your Account, with separate Login Details, for the creation and use of which You are responsible;
you, the person that is using the Service and that has created an Account for the use of the Service;
3.1 The Service is 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 As part of the Service, you may contact ContentKing or ContentKing may contact you 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.
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 computer, 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 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 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 a 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 (telecommunication) networks.
11.1 You will pay for the Service in accordance with the pricing information as listed at Pricing.
11.2 The pricing information may change from time to time. Any changes to the prejudice of You will be brought to Your attention beforehand.
12.2 In case of a termination for any reason whatsoever, no obligation to undo any performance already delivered will arise from the termination of the Agreement.
12.3 You are at any moment entitled to discontinue the use of the Service and to terminate Your Account.