Ownership of the Site and Protection of our Intellectual Property Rights
The contents of the Site are intended for the personal, non-commercial use of our users. All right, title and interest to the content displayed on the Site, including but not limited to the Site look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties (the "Content"), are the property of Search International or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by Search International you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Site.
Changes to the Agreement
Search International may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted to the Site. Your continued use of any of the Site following the posting of changes constitutes your acceptance of any such changes.
Your use of the Site is also subject to the other policies, disclaimers and guidelines we post on such site from time to time.
Your License to Access Content on the Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute Content retrieved from the Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site Services or remove or obscure the copyright notice or other notices displayed on the Content. You may not reproduce, print, cache, store or distribute Content retrieved from the Site in any way, for any commercial use without the prior written permission of Search International or the copyright holder identified in the relevant copyright notice.
You agree not to modify the Site Services in any manner or form, or to use modified versions of the Site Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site Services or portions of the Site Services. You agree not to access the Site Services by any means other than through the interface that is provided by Search International for use in accessing the Site Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any Content. Any rights not expressly granted herein are reserved to Search International
If you choose to forward Content from the Site, you agree that you will only forward such Content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.
No Automated Querying
You may not send automated queries of any sort to the Site without express permission in advance from Search International Note that "sending automated queries" includes, among other things:
- using any software which sends queries to the Site to determine how a website or webpage "ranks" for various queries;
- "meta-searching"; and
- performing "offline" searches on any Site
Posting Material on the Site
Certain portions of the Site may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("Postings"). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content ("Poster"), and not Search International does not control the Postings and does not guarantee the accuracy, integrity or quality of any Postings.
You understand that by using the Site Services, you may be exposed to Postings that are offensive, indecent or objectionable. Under no circumstances will Search International be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings. If you do choose to post content on the Site, please do not do so unless you understand that your Postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your Postings. You agree that all of your Postings will comply with the requirements of this Agreement.
You agree not to use the Site to:
- Post any Posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm or threaten to harm users in any way;
- "Stalk" or otherwise harass any other person or entity;
- Impersonate any person or entity (including a Site or Search International gent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by Search International or such purpose;
- Disseminate or transmit any content that infringes or violates any party as copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
- Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Interfere with or disrupt the Site Services, the Site, or the servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You acknowledge that Search International does not pre-screen Postings, but that Search International as the right, but not the obligation, to refuse to make available, to modify or to remove any Postings or portions of Postings in its sole discretion and at any time without notice to the Poster, regardless of whether those Postings violate the terms of this Agreement or are otherwise objectionable.
You agree that your use of any Posting is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Posting. You agree that if you rely on any Posting submitted to the Site, it is solely at your own risk.
If you choose to provide any Postings on the Site, you agree that Search International ay copy, distribute, display, publish, modify or translate such Postings for any purpose and in any medium worldwide (including incorporating the Postings into Site answer databases or any other Site property, product or service) without any obligation to compensate you or any other third party in any way for any such use. Search International ay grant other parties these same rights as to the Postings.
Links to Other Web Sites
A central part of the Site Services includes links to other World Wide Web ("Web") sites or resources. Because Search International has no control over such sites and resources, you acknowledge and agree that Search International is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Search International hall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Search International has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact with Advertisers or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the Site Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Search International does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that Search International will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on the Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Search International as no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications to Site Services
Search International reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Site Services (or any part thereof) with or without notice. You agree that Search International will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Site Services.
Termination of Your Access to Site Services
You agree that Search International in its sole discretion, may terminate your access to any of the Site Services, and/or remove, discard or modify any Postings or content within the Site, for any reason, including, without limitation, for lack of use or if Search International believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site Services may be effected without prior notice, and acknowledge and agree that Search International immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site Services. If you use the Site in violation of this Agreement, Search International, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Search International hall not be liable to you or any third party for the discontinuation or termination of your access to the Site Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING SITE SERVICES YOU UNDERSTAND AND AGREE THAT:
- SITE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON THE SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. SEARCH INTERNATIONAL S NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.
- YOUR USE OF THE SITE SERVICES IS AT YOUR SOLE RISK. THE SITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEARCH INTERNATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- SEARCH INTERNATIONAL AKES NO REPRESENTATION OR WARRANTY THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SITE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH SITE SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF SITE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SITE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT SEARCH INTERNATIONAL IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, SITE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (5) RELIANCE ON CONTENT OR POSTINGS ON THE SITE; OR (6) ANY OTHER MATTER RELATING TO THE SITE OR SITE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SEARCH INTERNATIONAL AS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL SEARCH INTERNATIONAL DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of Search International
You agree to indemnify and hold Search International, its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorney fees and costs of litigation, resulting from or in any way connected with: (a) Postings or other content you submit or that are submitted from your account; (b) your use of or reliance on Site Services; (c) your connection to the Site; (d) your violation of this Agreement; or (e) your violation of any rights of another party.
No Other Agreements Between Us
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Search International re governed by the laws of Singapore without regard to its conflict of law provisions. You and Search International agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Singapore.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Search International
You agree that any claim or cause of action arising out of your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Search International to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to this Agreement or the Site, you may contact a representative of Search International at firstname.lastname@example.org