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PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE,
INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME,
STATE THE TERMS AND CONDITIONS UNDER WHICH IAC SEARCH & MEDIA
PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING WEB SITES: SEARCH-OK.COM (EACH A "SITE" AND, COLLECTIVELY, THE "SITES"). ALL
SERVICES PROVIDED BY SEARCH-OK LLC ON THE SITES ARE
COLLECTIVELY REFERRED TO AS "SEARCH-OK SERVICES". BY ACCESSING, BROWSING
AND/OR USING OUR WEB SITES AND/OR SERVICES POSTED ON THE WEB SITE, YOU
ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS
AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH
TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR
WEB SITES OR ANY SERVICES WE PROVIDE.
Ownership of our Web Sites and Protection of Our Intellectual Property Rights
The contents of our Sites are intended for the personal, noncommercial
use of our users. The SEARCH-OK.com sites ("Sites") are
divisions of SEARCH-OK LLC ("SEARCH-OK"). All right, title and
interest to the content displayed on our Sites, including but not
limited to the Site's 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,
are the property of SEARCH-OK, or the respective third parties, and are
protected by copyright, trademark, patent or other proprietary rights
and laws.
Except as expressly authorized by SEARCH-OK, you agree not to copy, modify,
rent, lease, loan, sell, assign, distribute, perform, display, license,
reverse engineer or create derivative works based on the Sites or any
Content (including without limitation any software) available through
the Sites.
Changes To This Agreement
SEARCH-OK 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 on the home page. Your continued use of any of
our Sites following the posting of changes constitutes your acceptance
of any such changes. You can review the most current version of this
Agreement here. Please check this page from time to time for current
terms of use.
Our Privacy Policy
The information that we obtain through your use of any of our Sites,
whether through the registration process or otherwise, is subject to
the privacy policy posted on such site ("Privacy Policy").Each
Privacy Policy contains terms and conditions that govern our collection
and use of the information you provide to us, including our respective
rights relative to that information. Please review the applicable
Privacy Policy before you use our Sites. If you are unwilling to accept
the terms and conditions of the applicable Privacy Policy, please do
not use our Sites.
Other Policies
Your use of each 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 Our Sites
You are hereby granted a personal, nonexclusive, nontransferable,
revocable, limited license to view, reproduce, print, cache, store and
distribute content retrieved from our Sites 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 SEARCH-OK 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 Sites in any way, for any commercial use without the prior written
permission of SEARCH-OK or the copyright holder identified in the relevant
copyright notice.
You agree not to modify the SEARCH-OK Services in any manner or form, or to
use modified versions of the SEARCH-OK Services, including (without
limitation) for the purpose of obtaining unauthorized access to the SEARCH-OK
Services or portions of the Services. You agree not to access the SEARCH-OK
Services by any means other than through the interface that is provided
by SEARCH-OK for use in accessing the SEARCH-OK Services.
Except as expressly provided in this Agreement, nothing contained in
this Agreement or on the Sites shall be construed as conferring any
other license or right, expressly, by implication, by estoppel or
otherwise, with respect to any of SEARCH-OK's Content or under any third
party's Content. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Sites via email through our
Services, 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 our sites without
express permission in advance from SEARCH-OK. Note that "sending automated
queries" includes, among other things:
- using any software which sends queries to our sites to determine how a website or webpage
"ranks" for various queries;
- "meta-searching"; and
- performing "offline" searches on any SEARCH-OK web site
Posting Material on Our Sites
Certain Sites 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-OK . SEARCH-OK does not control
the Postings and does not guarantee the accuracy, integrity or quality
of any Postings.
You understand that by using the SEARCH-OK Services, you may be exposed to
Postings that are offensive, indecent or objectionable. Under no
circumstances will SEARCH-OK 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 one of our Sites, 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 our Sites 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 an Search OK! agent,
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 OK! for such purpose;
- Disseminate or transmit any Content that infringes or violates any
party's 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 Search OK! Services, our Sites, or servers
or networks connected to our Sites, or disobey any requirements,
procedures, policies, or regulations of networks connected to the Sites;
- 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 OK! does not pre-screen Postings, but that Search
OK! has 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 Search
OK!
, it is solely at your own risk.
If you choose to provide any Postings on our Sites, you agree that Search OK! may copy, distribute, display,
publish, modify or translate such Postings for any purpose and in any medium worldwide (including
incorporating the Postings into Search OK! answer databases or any other Search
OK! property, product or
service) without any obligation to compensate you or any other third party in any way for any such use.
Search OK! may grant other parties these same rights as to the Postings.
Sites with Registration
Certain Sites require users to register to obtain certain Search OK! Services. Registration is initially
available to anyone of requisite age and citizenship and is limited to one registration per user. By
registering for these services, you agree to: (a) provide true, accurate, current and complete information
about yourself as requested by the Search OK! registration form (the "Registration Information") and (b)
maintain and update the Registration Information to keep it true, accurate, current and complete. In addition
to other grounds for suspension or termination of your use of the Search OK! Services, if you provide any
information that is untrue, inaccurate, not current or incomplete, or Search
OK! has reasonable grounds to
suspect that information you have provided is untrue, inaccurate, not current or incomplete, Search
OK! has
the right to suspend or terminate your access and refuse you any and all use of relevant Site. Registrants
have the right to terminate their account at any time by sending an e-mail to an address provided on the
relevant Site.
Passwords and Security
Access to certain Search OK! Services require you to choose a user name (or nickname) and password. If
you do so, you are responsible for maintaining the confidentiality of your password and account and for
logging out of your account at the end of each session. In selecting a user name, you agree that you will not
(i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name
subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to
people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur
under your password or account. You agree (a) to notify Search OK! immediately of any unauthorized use
of your password or account or any other breach of security, and (b) to ensure that you exit from your
account at the end of each session. Search OK! cannot and will not be liable for any loss or damage arising
from your failure to comply with this section.
Links to Other Web Sites
A central part of the Search OK! Services includes links to other World Wide
Web sites or resources.
Because Search OK! has no control over such sites and resources, you
acknowledge and agree that Search OK! 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 OK! shall
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 OK! 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 Search
OK! 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
OK! 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 OK! 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 our
Sites. You acknowledge that such external sites usually have their own terms and conditions, including
privacy policies, over which Search OK! has 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 our Sites 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 Search OK! Services Search OK! reserves the
right at any time and from time to time to modify, suspend, discontinue
or
terminate the Search OK! Services (or any part thereof) with or without
notice. You agree that Search OK! will not be liable to you or to any third
party for any modification, suspension, discontinuation or
termination of the Search OK! Services.
Termination of Your Access to Search OK! Services You
agree that Search OK!, in its sole discretion, may terminate your access to
any of the Search OK! Services, and/or remove, discard or modify any Postings
or content within the Service, for any reason, including, without
limitation, for lack of use or if Search OK! 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 Search OK! Services may
be effected without prior notice, and acknowledge and agree that Search OK!
may 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 Search OK! Services. If you use the Sites in violation of
this Agreement. Further, you agree that Search OK! shall not be liable to you or
any third party for the discontinuation or termination of your access
to the Search OK! 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 ASK SERVICES YOU UNDERSTAND AND AGREE THAT:
- ASK SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES
ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE
PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR
OTHERWISE. ASK AND THOSE POSTING OR OTHERWISE PROVIDING
INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE 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 OUR SITES.
- YOUR USE OF THE ASK SERVICES IS AT YOUR SOLE RISK.
THE ASK SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. ASK 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.
- ASK MAKES NO REPRESENTATION OR WARRANTY THAT ASK SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE ASK
SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR
ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE ASK 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 ASK SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF ASK 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 OUR SITE OR THROUGH OR FROM THE ASK SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR
TERMS.
- YOUR USE OF THE ASK SERVICES IS ALSO SUBJECT TO
THE PICTURE SEARCH DISCLAIMERS
AND THE FINANCIAL DISCLAIMERS .
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT ASK 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, ASK 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 OUR SITES, (5) RELIANCE ON
CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR
SITES OR ASK SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT ASK HAS 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 ASK'S 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 OK!
You agree to indemnify and hold Search OK!, 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 attorneys' 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 Search OK! Services, (c) your connection to our
Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree to the copyright and trademark notices
posted
No Other Agreements Between Us
With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and
Search OK! for governing your use of our Sites and Services and supersedes any prior agreements between
you and Search OK! for that purpose, including any membership agreements or other similar agreements
applying to our Sites or Search OK! Services.
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Search OK! are governed by the laws of the State of
California without regard to its conflict of law provisions. You and Search
OK! agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of San Francisco County,
California.
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 OK!
You agree that any claim or cause of action arising out of your use of our Sites 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
OK! to
enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that
right or provision.
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