By using AllSeeks search engine or other AllSeeks service, you agree to be bound by the following terms and conditions (the "Terms of Service"), which may be updated by us from time to time without notice to you. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE ANY SERVICES FOR ANY PURPOSE. Content Linked to by AllSeeks AllSeeks has no control to the sites displayed as search results or linked to by AllSeeks. The search results that appear are from open directory and AllSeeks cannot and does not pre-screen the sites before including them in the indices from which such automated search results are gathered. We cannot guarantee and assume no responsibility that a AllSeeks search will not locate unintended or objectionable content or otherwise linked to by the AllSeeks. Member Conduct You agree to not use the Service to: 1. impersonate any person or entity, including, but not limited to, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content; 3. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 4. post any content that is obscene, hateful or offensive on racial, ethnic, sexual or any other grounds 5. engage in any activities that would violate the personal privacy rights of others, including but not limited to, harvesting any e-mail addresses for any commercial use; 6. stalk or repeatedly contact or harass another user; 7. 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; 8. disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; 9. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas designated by AllSeeks for such purpose; You acknowledge that AllSeeks does not pre-screen content, but AllSeeks has the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the service whether or not it violates the TOS or is otherwise objectionable. You agree that you must bear full responsibility associated with the use of such content. Licenses and Indemnification Advertiser/agency grants AllSeeks the right to use, reproduce, publicly display and distribute advertiser's advertisments and collateral information and warrants that advertiser/agency has the right to grant such license. Advertiser/Agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertisements and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to AllSeeks. In addition, advertiser/agency represents that the advertiser's advertisements and collateral information do not violate any applicable local, state or federal law or regulation. In consideration of AllSeeks's acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless AllSeeks and its officers, directors, shareholders, employees, accountants, attorneys, agents, parent, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) advertiser/agency's breach of any covenants, representations and warranties made therein, (ii) AllSeeks's performance under this contract, and (iii) the copying, printing, distributing, transmitting or publishing of advertiser's/agency's advertisements or collateral information by AllSeeks. Modifications To AllSeeks Services AllSeeks reserves the right at any time to modify, suspend, discontinue or terminate any AllSeeks services with or without notice. You agree that AllSeeks will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the AllSeeks Services. Dealing with Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service are solely between you and such advertiser. AllSeeks shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on AllSeeks. Key Words and Phrases AllSeeks offers no exclusivity on keywords or phrases. Each advertiser will be given ranking positions based upon the bid they enter on keywords/phrases. Disclaimer of Warranties ALLSEEKS SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. ALLSEEKS IS 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. ALLSEEKS SERVICES, AND ALL CONTENTS AND PRODUCTS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLSEEKS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) INCLUDING WITHOUT LIMITATION, IN REFERENCE TO THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE. ALLSEEKS MAKES NO REPRESENTATION OR WARRANTY THAT ALLSEEKS SERVICES WILL MEET YOUR REQUIREMENTS AND THAT ALLSEEKS SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE AND OF HIGH QUALITY, AS WELL AS ACCURATE, TIMELY, USEFUL OR RELIABLE. ALLSEEKS DISCALINS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY CONTENTS. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL ALLSEEKS OR ITS PARENT OR SUBSIDIARIES, ANY OF THE COMPANIES IT IS AFFILIATED WITH, OR ANY OF ITS CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF ALLSEEKS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. |