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SEMrush Marketplace Terms of Use

These SEMrush Marketplace Terms ("Marketplace Terms") apply in addition to the SEMrush Terms of Service available at https://www.semrushchina.cn/company/legal/terms-of-service/  ("SEMrush Terms of Service"),  with regard to your use of Marketplace Service (as defined hereinafter). By registering for the Marketplace Service or by accessing or using the Marketplace Service, you acknowledge that you have read, understood, and agree to be bound by these Marketplace Terms. Capitalized terms not defined herein shall have the meanings assigned to them in the SEMrush Terms of Service. In the event of any conflict between these Marketplace Terms and the SEMrush Terms of Service, these Marketplace Terms shall prevail solely with respect to the Marketplace Service.

PLEASE READ THESE MARKETPLACE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THESE MARKETPLACE TERMS, YOU MAY NOT REGISTER FOR OR USE THE MARKETPLACE SERVICE.

1. MARKETPLACE SERVICE

Marketplace Service” – provision of access to content ordering service and to some other services as described more fully at: www.semrushchina.cn/marketplace/ or another URL we designate (hereinafter “Marketplace Website”).

2. USE OF MARKETPLACE SERVICE

2.1. Right To Use The Marketplace Service. Subject to these Marketplace Terms, SEMrush hereby grants you permission to access and use the Marketplace Service in accordance with these Marketplace Terms and the SEMrush Terms of Service.

2.2. Acceptance.

2.2.1. By using the Marketplace Service, you agree with these Marketplace Terms, the SEMrush Terms of Service and you fully authorize us to obtain, process, store, use and transmit your personal data in accordance with our Privacy Policy, accessible at: https://www.semrushchina.cn/company/legal/privacy-policy/ or another URL we designate, which forms an integral part of these Marketplace Terms;

2.2.2. By using the Marketplace Service, you agree that SEMrush has the right to collect and process the anonymized data, collected via Marketplace Service and use it solely in anonymized, aggregate form solely for analytic purposes, to provide the Traffic Jet Service to you and to distribute such  analytical information containing the aggregate, anonymized information.

3. REGISTRATION AND ORDER

To register as a user of Marketplace Service you must create a User Account by following the registration procedures and instructions set forth on the Marketplace Website. To place a content order form for provision of Marketplace Service (hereinafter “Order”) , you should either subscribe to the Marketplace Service, according to the terms available at:  https://www.semrushchina.cn/marketplace/subscriptions/  ("Marketplace Subscription") and place the Order(s) within the limits of the Marketplace Subscription you elected; or fill in and confirm the Order within your User Account, according  to the terms available at: https://www.semrushchina.cn/marketplace/offers/ , if you want to make one-time order(s). SEMrush may request you to provide clarifications and details with regard to the Order and/or may reject any Order in its sole discretion.

4. CONTENT DELIVERY

4.1. Placing an Order. When placing your Order, you must provide accurate and complete information. Your Order must not infringe upon the rights of third parties, including without limitation copyrights, moral rights, trademarks and service marks. You may not submit any pornographic, obscene, slanderous, libelous, or other degrading Orders. You are solely responsible for the information you provide us and any consequences thereof, including without limitation any possible consequences and misunderstandings, in case you provide us with inaccurate and/or incorrect and/or unfaithful information.

4.2. Changes in the Order. You can send us clarifications and changes with regard to your Order before its confirmation. You must not change your Order once we receive confirmation from you. Any alterations to confirmed Order are considered as additional Order, thereby requiring additional payment.

4.3. Acceptance of the Content. Once your Order would be completed, it would be posted to your User Account for review. Upon your written request, SEMrush may send you the notification to your email with regard to the completion of the Order. You can: (i) accept the ordered content; or (ii) request a revision within 3 (three) calendar days from the receipt of the (revised) content, with a maximum of 3 (three) revision requests per 1 (one) ordered content; or (iii) reject the ordered content only after at least one revision request.

4.4. Revision Request. In case of revision request, the term for execution of the Order may be extended. If User did not provide the revision request within 3 (three) calendar days from receipt of the relevant (revised) content, the content deemed to be accepted by User without objection.

5. RIGHTS TO ACCEPTED CONTENT

You have no rights to or ownership of any content until the ordered content would be accepted and paid in full. Once the content would be accepted and paid in full, the User would have the right to publish, perform, display, reproduce, distribute, create derivative works and sell the ordered, accepted and fully paid content in any type of media including, but not limited to, print and or online media throughout the world.

6. FEES AND SETTLEMENT

6.1. Service Fees. There is no cost to create the User Account, however, in order to use and access paid features of Marketplace Service, you will be required to pay the fees set forth by SEMrush on the Marketplace Website or otherwise agreed between you and us in writing (the “Marketplace Fees”). Marketplace Fees, unless explicitly shown during the process of payment and following confirmation thereof, are exclusive of value added tax and any additional or other taxes, charges or duties which may be imposed in connection with any and all payments made or due hereunder and shall, if applicable, be borne, respectively registered and duly declared by User.  

6.2. Billing. To use the Marketplace Service, you agree to provide us billing details. As a User of Marketplace Service, you agree to notify us promptly of any changes to your billing details.

6.3. Change in Marketplace Fees.  Marketplace Fees may be changed and/or new charges may be introduced in addition to Marketplace Fees upon provision of thirty (30) days’ prior written notice by SEMrush to the User. Notwithstanding the foregoing, the Marketplace Fees may be increased, immediately and with contemporaneous notice from SEMrush, in the event of (a) any change in the services or fees of our third party service providers; (b) changes in the Marketplace Service which are made at your request; or (c) delays and/or other issues due to User failure to fulfill User obligations or due to User request to delay work for any reason.

6.4. Payment. Any Marketplace Fees shall be paid by User during the process of subscribing to the Marketplace Service and/or during the process of submitting the Order, or within 30 (thirty) days from issuance of the relevant invoice by SEMrush, or as otherwise offered by SEMrush in writing, at the option of the User by credit card or another payment method accepted on the Website. Any bank fees and charges shall be borne solely by the User. Marketplace Fees for Marketplace Subscriptions recur monthly unless otherwise stated in the Marketplace Subscription you elected. You must ensure that the credit card information used for your Marketplace Subscription is current and accurate, and that you are authorized to use that credit card.

6.5. Refund policy. Marketplace Fees for Marketplace Service may be refundable in whole or in part at our sole discretion. Repeated purchase of Marketplace Service and cancellations, followed by requests for refunds, by a User may, in our sole discretion, be deemed to be in bad faith, and we reserve the right to withhold Marketplace Service to any such offending User and refuse any refund otherwise available to such User.

7. TERM AND CANCELLATION

7.1 Term and Renewal. If you elected Marketplace Subscription, your initial subscription term will be specified in your Marketplace Subscription and, unless otherwise agreed by SEMrush in writing, your subscription will automatically renew for the same period on the then-current terms. You may prevent renewal of the subscription by sending us a notice of non-renewal to marketplace@semrush.com  before the last day of your then-current subscription term. If you elect to place a one-time Order(s), the relevant Order remains in effect until the fees due would be paid in full and requested Marketplace Service would be provided.

7.2 Subscription Cancellation by You. You may cancel your subscription at any time by sending a written notice of cancellation to marketplace@semrush.com.  Except as otherwise stated by SEMrush in writing, cancellation does not entitle you to a refund of any prepaid or unused Marketplace Fees and you agree to promptly pay all unpaid Marketplace Fees due through the end of the applicable subscription period.

8. CHANGES TO THE MARKETPLACE TERMS

We may change these Marketplace Terms from time to time by posting the updated agreement on the Marketplace Website. You can review the most current version of this agreement at any time at https://www.semrushchina.cn/marketplace/terms-of-use/ or a successor URL that we may designate.  The revised Marketplace Terms will become effective immediately after we post the updated text on the Marketplace Website. If you use the Marketplace Service after such date, such use will constitute acceptance of the revised Marketplace Terms. We also reserve the right to modify the Marketplace Service from time to time at our sole discretion. If any change to these Marketplace Terms is not acceptable to you, or if any change we make to the Marketplace Service is a material reduction in functionality, you may, as your sole remedy for such change, stop using the Marketplace Service and send a cancellation request email to marketplace@semrush.com. We reserve the right to change the terms or specifications of any Marketplace Service at our discretion, with or without prior written notice to the Users, by replacement of text of these Marketplace Terms or by changing the information on the Marketplace Website or by written notice to you. Any changes will take effect immediately unless otherwise stated in the notice of change. If any amendment is unacceptable to you, your only recourse is to terminate relations with SEMrush. Your continued use of Marketplace Service following our notice of change will constitute a binding acceptance of these Marketplace Terms, as amended.

9. CONTACTS

You may contact us in connection with your use of the Marketplace Service by phone at +1 (855) 814-4510, or by e-mail at marketplace@semrush.com.

Last updated: 18.05.2020

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