These Semrush Marketplace Terms ("Marketplace Terms") apply to your use of the Marketplace Service, as hereinafter defined, and form part of the Semrush Terms of Service available at https://www.semrushchina.cn/company/legal/terms-of-service/ ("Semrush Terms of Service"). 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.
- MARKETPLACE SERVICE
1.1. Definition. “Marketplace Service” means the provision of access to Semrush’s content ordering services and other services as described more fully at: www.semrushchina.cn/marketplace/ or another URL we designate (hereinafter “Marketplace Website”).
1.2. Right To Use the Marketplace Service. Semrush hereby grants you permission to access and use the Marketplace Service in accordance with these Marketplace Terms.
1.4. Third Party Content Providers. You understand and agree that we may use third party content providers in the provision of all or part of the Marketplace Service.
- REGISTRATION AND ORDER
2.1. Registration.To register as a user of the Marketplace Service you must create a User Account by following the registration procedures and instructions set forth on the Marketplace Website.
2.2. Order. To place an order for the Marketplace Service (hereinafter, “Order”), you must subscribe to the Marketplace Service at: https://www.semrushchina.cn/marketplace/subscriptions/ ("Marketplace Subscription") , pay the applicable fees and place the Order(s) within the limits of the Marketplace Subscription you elected. Some Marketplace Subscriptions are made available on an unpaid trial basis ("Unpaid Marketplace Subscription"), and others require payment of the fees ("Paid Marketplace Subscription"). You can also place one-time Order(s) without subscribing to the Marketplace Subscription, by filling in and confirming the Order within your User Account for one or more of the marketplace offers available at : https://www.semrushchina.cn/marketplace/offers/ ("Marketplace Offer(s)") and paying the applicable fees for the Marketplace Offer(s) you elected.
- CONTENT DELIVERY
3.1. Placing an Order. When placing your Order, you must provide accurate and complete billing and other information as requested by Semrush. Semrush’s acceptance of the Order is subject to Semrush’s written confirmation of such acceptance. Semrush may reject any Order in its sole discretion. Semrush may request you to provide clarifications and details with regard to your Order. If no response to such a request would be provided within 14 (fourteen) calendar days, your Order may be rejected. The information you provide us within the Order must not infringe upon the rights of third parties, including without limitation copyrights, moral rights, trademarks and service marks. You may not include any pornographic, obscene, slanderous, libelous, or other degrading material or information on any Order that you submit to us. You are solely responsible for the information you provide us and any consequences thereof, and hereby agree to indemnify and hold Semrush harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or due to your failure to provide us with accurate, correct and/or truthful information, including any third party claims arising out of any infringing, pornographic, obscene, slanderous, libelous, degrading or other information or material that you provide or submit with your Order.
3.2. Changes in the Order. You may modify your Order at any time prior to Semrush’s confirmation thereof. After your Order is confirmed by us, such Order is non-cancellable, unless otherwise specifically stated herein. Any changes to a confirmed Order shall be considered an additional Order and shall require the payment of any fees applicable to such additional Order.
3.3. Revision Request. If you select a Marketplace Offer that includes the option to revise content, then the following terms apply to such Marketplace Offer:
3.3.1. Once the ordered content is ready, it shall be posted to your User Account for review. Upon your written request, Semrush will send notification to your email that the content has been posted. You may: (i) accept the ordered content; or (ii) request a revision within three (3) calendar days from date the content is posted to your User Account, with a maximum of three (3) revision requests per one (1) item of ordered content; or (iii) reject the ordered content only after at least one revision request.
3.3.2. The term of the Order will be extended until the completion of all revision requests within the limits described in Section 3.3.1 above; provided, if you do not request a revision within three (3) calendar days from receipt of the revised content, the revised content shall be deemed to be accepted by you.
3.4. Acceptance of the Content. Except as otherwise stated in these Marketplace Terms, the content shall be deemed to be accepted by you immediately upon Semrush posting such content to your User Account.
- RIGHTS TO ACCEPTED CONTENT
You have no rights to any content until such content is accepted and paid for in full. All rights, title and interest in and to the content shall belong solely to the third party content provider; provided that, upon the latter to occur of (i) your acceptance of the content (including deemed acceptance as described in Section 3 above) and (ii) your payment in full for such content, you will be granted an unlimited license to use, publish, perform, display, reproduce, distribute, and create derivative works of such content in any type of media including, but not limited to, print and or online media throughout the world. Such license shall be granted directly by the third party content provider and not by Semrush, who shall have no rights to such content at any time (other than the right to deliver such content to you under these Marketplace Terms).
- FEES AND SETTLEMENT
5.1. Marketplace Fees. Users of the Paid Marketplace Subscriptions and Marketplace Offers will be charged the fees set forth on the Marketplace Website (the “Marketplace Fees”). At the end of the trial period for an Unpaid Marketplace Subscription, you will be automatically charged the Marketplace Fees for the applicable Paid Marketplace Subscription. If your billing details are not available or do not work at the end of the trial period, your use of the Marketplace Service will be discontinued until you pay the applicable fees for the Paid Marketplace Subscription. Marketplace Fees are exclusive of sales or use taxes, value added tax and any other taxes, charges or duties which may be imposed in connection with your purchase or use of the Marketplace Service and shall be borne solely by you.
5.2. Change in Marketplace Fees. If you are a User of Paid Marketplace Subscription, we may change the Marketplace Fees and introduce new charges applicable to your use of the Marketplace Service, which (unless otherwise agreed in writing with Semrush) will become effective as of the first day of the renewal of your subscription term. In addition to the foregoing, the Marketplace Fees may be increased immediately upon 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 your failure to fulfill your obligations according to these Marketplace Terms or due to your request to delay work for any reason.
5.3. Payment. You agree to pay the Marketplace Fees monthly or annually in advance according to your Paid Marketplace Subscription or upon placing one-time Order(s) by credit card or another payment method accepted on the Website. Any bank fees and charges shall be borne solely by you. Marketplace Fees for Paid Marketplace Subscriptions recur monthly or annually, depending on which Marketplace Subscription term you select. You must ensure that the billing information used for your Marketplace Subscription is current and accurate, and that you are authorized to use such billing information. You agree to notify us promptly of any changes to your billing information.
5.4. Refund Policy. Except as otherwise determined by us in our sole discretion, Marketplace Service are non-cancellable during the term of your Marketplace Subscription or your Order, as applicable, and Marketplace Fees are non-refundable. Repeated purchase of Marketplace Service and cancellations, followed by requests for refunds may, in our sole discretion, be deemed to be in bad faith, and we reserve the right to withhold Marketplace Service and/or refuse a refund.
- TERM AND CANCELLATION
6.1. Term and Renewal. If you purchase a Paid Marketplace Subscription, your initial subscription term will be specified in your Paid Marketplace Subscription. Your Paid Marketplace Subscription will automatically renew for the same period as the prior term on the then-current terms and conditions. You may prevent renewal of your Paid Marketplace Subscription by sending us a notice of non-renewal to email@example.com 4 (four) days prior to the last day of your then-current Paid Marketplace Subscription term. Your Unpaid Marketplace Subscription term is 14 (fourteen) calendar days ("Trial Period"). You can cancel your Unpaid Marketplace Subscription at no charge at any time before the Trial Period is over. If you elect to place a one-time Order, the relevant Order remains in effect until the fees are paid in full and the applicable Order is filled.
6.2. Subscription or Order Cancellation. We may cancel your Paid Marketplace Subscription or your Order at any time at our sole discretion by giving you written notice if we determine that your Order is objectionable, opinion based or require specific expert opinion. In case of such cancellation by us, we will refund prepaid but unused Marketplace Fees covering your use of the Marketplace Service. We may cancel your Unpaid Marketplace Subscription at any time and for any reason without notice. You may cancel your Marketplace Subscription or your Order at any time by sending a written notice of cancellation to firstname.lastname@example.org. Except as otherwise determined by Semrush in its sole discretion, cancellation does not entitle you to a refund of any Marketplace Fees and you agree to promptly pay all Marketplace Fees due and owing through the end of the applicable Marketplace Subscription term.
- CHANGES TO THE MARKETPLACE TERMS
We may change these Marketplace Terms from time to time by posting the updated terms and conditions on the Marketplace Website. You can review the most current version of the Marketplace Terms 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 email@example.com.
You may contact us regarding the Marketplace Service by phone at +1 (855) 814-4510, or by e-mail at firstname.lastname@example.org.
Last updated: April 13, 2021