You Agree To The Terms And Conditions Outlined In This Terms Of Use Agreement With Respect To The SearchEureka.com Web Site And Its Administration. This Agreement Constitutes The Entire And Only Agreement Between Us And You, And Supersedes All Prior Or Contemporaneous Agreements, Representations, Warranties And Understandings With Respect To The Site, The Content, Products Or Services Provided By Or Through The Site, And The Subject Matter Of This Agreement. This Agreement May Be Amended At Any Time By Us From Time To Time Without Specific Notice To You. The Latest Agreement Will Be Posted On The Site, And You Should Review This Agreement Prior To Using The Site.
Each Time You Use Or Cause Access To SearchEureka.com, You Agree To Be Bound By These Terms Of Use. This Web Site And All Services Provided To You On And Through SearchEureka.com Are Provided "As Is". You Agree That The Site Administration Exclusively Reserves The Right To Modify Or Discontinue Provision Of SearchEureka.com And Its Services, And To Delete The Data You Provide, Either Temporarily Or Permanently. In Addition, At Any Time And Without Notice And Any Liability To You, The Site Administration Shall Have No Responsibility Or Liability For The Timeliness, Deletion, Failure To Store, Inaccuracy, Or Improper Delivery Of Any Data Or Information.
In Order To Access Specific Areas Within The SearchEureka.com Web Site, You Will Be Required To Register Under A New User Account, And You Agree To Provide Truthful Information When Requested, And Undertake That You Are An Adult Of Eighteen Years Of Age Or More. By Registering, You Explicitly Agree To This Web Site's Terms Of Use, Including Any Amendments Made By The Site Administration From Time To Time And Available Here. You Are Responsible For Maintaining The Confidentiality Of Your Password, And Shall Be Responsible For All Usage Of Your User Account And Or User Name, Whether Authorized Or Unauthorized By You. You Agree To Immediately Notify The Site Administration Of Any Unauthorized Use Or Your User Account, User Name Or Password.
This Web Site May Use Cookies To Store Information On Your Local Computer. These Cookies Do Not Contain Any Of The Information You Have Entered Herein; They Serve Only To Enhance Your Interaction.
As A User You Agree To Any Information You Have Entered Herein Being Stored In A Database. The Webmaster, Administrator And Moderators Cannot Be Held Responsible For Any Actions That May Lead To The Data Being Compromised.
You Agree That All Information Or Data Of Any Kind, Whether Text, Software, Code, Music Or Sound, Photographs Or Graphics, Video Or Other Materials (herein Referred To As "Content"), Made Available Publicly Or Privately, Shall Be Under The Sole Responsibility Of The Person Providing The Content Or The Person Whose User Account It Was Posted Under. You Understand And Accept That SearchEureka.com May Expose You To Content That May Be Objectionable Or Offensive. The Site Administration Shall Not Be Responsible To You In Any Way For The Content That Appears On SearchEureka.com, Nor For Any Error Or Omission.
When You Log On To SearchEureka.com, You Agree That:
* The Content Of The Pages Of This Website Is For Your General Information And Use Only. It Is Subject To Change Without Notice.
* Unauthorized Use Of This Website May Give To A Claim For Damages And/Or Be A Criminal Offense.
* This Website Will Include Links To Other Websites. These Links Are Provided For Your Convenience To Provide Further Information. They Do Not Signify That We Endorse The Website(s). We Have No Responsibility For The Content Of The Linked Website(s).
* You Will Not Use The Site To Post Slanderous, Obscene, Defamatory Or Potentially Libelous Statements Or Graphics, Or To Post Copyrighted Materials Without Permission.
* SearchEureka.com Administration Reserves The Right To Delete Any Item Which, In Its Sole Opinion, Violates These Terms Of Use.
* SearchEureka.com Administration Reserves The Right To Limit The Use Of Its Web Site To Any Individual Or Group At Any Time.
* SearchEureka.com Administration Reserves The Right To Change These Terms Of Use At Any Time.
* SearchEureka.com Administration Assumes No Responsibility For The Content Posted Or Opinions Expressed By Anonymous Or Registered Users.
By Providing Any Content To SearchEureka.com:
* You Agree To Grant The Site Administration A Worldwide, Royalty-free, Perpetual, Non-exclusive Right And License (including Any Moral Rights Or Other Necessary Rights) To Use, Display, Reproduce, Modify, Adapt, Publish, Distribute, Perform, Promote, Archive, Translate, And To Create Derivative Works And Compilations, In Whole Or In Part. Such License Will Apply With Respect To Any Form, Media, Technology Already Known Or Developed Subsequently.
* You Warrant And Represent That You Have All Legal, Moral, And Other Rights That May Be Necessary To Grant The License Specified In This Section.
* You Acknowledge And Agree That The Site Administration Shall Have The Right (but Not Obligation), At The Site Administration's Entire Discretion, To Refuse To Publish, Or To Remove, Or To Block Access To Any Content You Provide, At Any Time And For Any Reason, With Or Without Notice.
This Web Site May Contain Forums, Blogs, Calendars, Ratings, Reviews, And/Or Other Interactive Features Designed To Enable Communication With and Between You And Other Users Of The Web Site. You Agree To Use All Features Only To View And Post Messages And Material That Are Proper And, When Applicable, Related To That Particular Feature.
By Way Of Example, And Not As A Limitation, You Agree That You Will Not:
* Provide Any Content Or Conduct Yourself In Any Way That May Be Construed As: Unlawful; Illegal; Threatening; Harmful; Abusive; Harassing; Stalking; Tortuous; Defamatory; Libelous; Vulgar; Obscene; Offensive; Objectionable; Pornographic; Designed To Interfere Or Interrupt SearchEureka.com; Infected With A Virus Or Other Destructive Or Deleterious Programming Routine; Giving Rise To Civil Or Criminal Liability; Or In Violation Of All Applicable Local, National Or International Laws.
* Impersonate Or Misrepresent Your Association With Any Person Or Entity; Forge Or Otherwise Seek To Conceal Or Misrepresent The Origin Of Any Content Provided By You.
* Use The SearchEureka.com Web Site In Connection With Surveys, Contests, Pyramid Schemes, Chain Letters, Junk Email, Spamming Or Any Duplicative Or Unsolicited Messages (Commercial Or Otherwise).
* Provide Any Content That May Be Considered A Violation Of Any Applicable Local, National Or International Laws, Including - But Not Limited To - Laws Relating To Copyright, Trademark, Patent, Or Trade Secrets.
* Publish, Post, Distribute Or Disseminate Any Inappropriate, Profane, Defamatory, Obscene, Indecent Or Unlawful Topic, Name, Material Or Information.
* Use Any Material Or Information, Including Images Or Photographs, Which Are Made Available Through The Web Site In Any Manner That Infringes Any Copyright, Trademark, Patent, Trade Secret, Or Other Proprietary Right Of Any Party.
* Provide Links To Files That Contain Viruses, Trojan Horses, Worms, Time Bombs, Cancelbots, Corrupted Files, Malware, Spyware, Adware, Warez Or Any Other Similar Software Or Programs That May Damage The Operation Of Another's Computer Or Property Of Another.
* Download Any File Posted By Another User Of The Web Site That You Know, Or Reasonably Should Know, Cannot Be Legally Reproduced, Displayed, Performed, And/Or Distributed In Such Manner.
* Falsify Or Delete Any Copyright Management Information, Such As Author Attributions, Legal Or Other Proper Notices Or Proprietary Designations Or Labels Of The Origin Or Source Of Software Or Other Material Contained In A File That Is Uploaded.
* Restrict Or Inhibit Any Other User From Using And Enjoying The SearchEureka.com Web Site, Or Violate Any Code Of Conduct Or Other Guidelines Which May Be Applicable For The SearchEureka.com Web Site.
* Harvest Or Otherwise Collect Information About Others, Including E-mail Addresses.
SearchEureka.com Administration Reserves The Right To Terminate Your Access To Any Or All Of The Services At Any Time, Without Notice, For Any Reason Whatsoever.
You Agree To Indemnify And Hold Harmless The Site Administration And The Site Administration's Subsidiaries, Affiliates, Related Parties, Officers, Directors, Employees, Agents, Independent Contractors, Advertisers, Partners, And Co-branders, From Any Claim Or Demand, Including Reasonable Attorney's Fees, That May Be Made By Any Third Party, Due To Or Arising Out Of Your Conduct Or Connection With SearchEureka.com, Your Provision Of Content, Your Violation Of These Terms Of Use, Or Any Other Violation Of The Rights Of Another Person Or Party.
You Understand And Agree That Your Use Of This Web Site And Any Services Or Content Provided (the "Service") Is Made Available And Provided To You At Your Own Risk. It Is Provided To You "As Is" And The Site Administration Expressly Disclaims All Warranties Of Any Kind, Either Implied Or Express, Including But Not Limited To The Warranties Of Merchantability, Fitness For A Particular Purpose, And Non-infringement.
The Site Administration Makes No Warranty, Implied Or Express, That Any Part Of The Service Will Be Uninterrupted, Error-free, Virus-free, Timely, Secure, Accurate, Reliable, Or Of Any Quality, Nor Is It Warranted Either Implicitly Or Expressly That Any Content Is Safe In Any Manner For Download. You Understand And Agree That Neither The Site Administration Nor Any Participant In The Service Provides Professional Advice Of Any Kind And That Use Of Any Advice Or Any Other Information Obtained Via This Web Site Is Solely At Your Own Risk, And That The Site Administration May Not Be Held Liable In Any Way.
You Expressly Understand And Agree That The Site Administration Shall Not Be Liable For Any Direct, Indirect, Special, Incidental, Consequential Or Exemplary Damages; This Includes, But Is Not Limited To, Damages For Loss Of Profits, Goodwill, Use, Data Or Other Intangible Loss (even If The Site Administration Has Been Advised Of The Possibility Of Such Damages), Resulting From Or Arising Out Of The Use Of Or The Inability To Use The Service; The Cost Of Obtaining Substitute Goods And Or Services Resulting From Any Transaction Entered Into On Through The Service; Unauthorized Access To Or Alteration Of Your Data Transmissions; Statements By Any Third Party Or Conduct Of Any Third Party Using The Service, Or Any Other Matter Relating To The Service.
The Site Administration Reserves All Of The Rights, Including But Not Limited To Any And All Copyrights, Trademarks, Patents, Trade Secrets, And Any Other Proprietary Right That The Site Administration May Have For SearchEureka.com, Its Content, And The Goods And Services That May Be Provided. Any Use Of The Site Administration's Rights And/Or Property Requires The Site Administration's Prior Written Consent. By Making Services Available To You, The Site Administration Is Not Providing You With Any Implied Or Express Licenses Or Rights, And You Will Have No Rights To Make Any Commercial Uses Of SearchEureka.com Without The Site Administration's Prior Written Consent.
You Hereby Agree That These Terms Of Use And Any Dispute Arising Out Of Your Use Of SearchEureka.com Or The Site Administration's Products Or Services Shall Be Governed By And Construed In Accordance With Local Laws In Force In The United States Of America. By Registering Or Using This Web Site And Service, You Consent And Submit To The Exclusive Jurisdiction And Venue Of The United States Of America.
In The Event That These Terms Of Use Conflict With Any Law Under Which Any Provision May Be Held Invalid By A Court With Jurisdiction Over The Parties, Such Provision Will Be Interpreted To Reflect The Original Intentions Of The Parties In Accordance With Applicable Law, And The Remainder Of These Terms Of Use Will Remain Valid And Intact. The Failure Of Either Party To Assert Any Right Under These Terms Of Use Shall Not Be Considered A Waiver Of That Party's Right, And That Right Will Remain In Full Force And Effect.
You Agree That, Without Regard To Any Statute Or Contrary Law, That Any Claim Or Cause Arising Out Of The Use Of SearchEureka.com Or Its Services Must Be Filed Within One (1) Year After Such Claim Or Cause Arose, Or Else The Claim Shall Be Forever Barred.
The Site Administration May Assign The Site Administration's Rights And Obligations Under These Terms Of Use; In This Case, The Site Administration Shall Be Relieved Of Any Further Obligation.