Terms of Use and Copyright Notices
1. Introduction. Welcome to the IsMySearcher web site, www.IsMySearcher.com . This IsMySearcher Service Agreement describes the terms and conditions which IsMySearcher
offer to you. By using this website, you agree to all of the provisions
contained or referred to this Service Agreement. Please read the following terms and conditions of Service carefully as they contain the legal terms and conditions of an agreement between you and IsMySearcher that you agree to when you use our online Services provided the Site. By accessing or using any of the Services you agree to be bound by the Terms which contain provisions applicable to all users of the Services, including casual visitors to the Site. For the purposes of this Agreement, "you" means you, the person using the Site, the person that agrees to the Terms. "IsMySearcher", "we" or "us" means the persons providing the IsMySearcher Services. Please note, that always the terms found on this link are valid, but changes may happen time to time without notice, therefore it is your responsibility to check back regularly.
2. Availability. IsMySearcher uses commercially reasonable efforts to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunication links and equipment that are beyond our control. We will use reasonable commercial efforts to decrease such disruption where it is within the reasonable control of IsMySearcher. YOU AGREE THAT IsMySearcher SHALL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet Service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
3. Trademarks. All brand, product and Service names used in the Services which identify IsMySearcher, are proprietary marks of IsMySearcher. All brand, product and service names used in the Services which identify other entities and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of IsMySearcher or any third party with respect to any such image, logo or name.
4. Copyright. Unless otherwise stated in this Agreement or on the Site, IsMySearcher is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such IsMySearcher proprietary content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.
5. Copyright, Other Proprietary and Privacy Protection for Other Users' Content on the Site. IsMySearcher hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that IsMySearcher is unable to provide you with permission to copy, display, print, or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy, print, or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on or related to the Site. IsMySearcher does not provide you with permission to access and view any content provided by other Users or third parties. IsMySearcher has the absolute right to terminate your membership and or account or exclude you from the Site if you use the Service to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold IsMySearcher harmless for any violation of this provision. By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.
6. Copyright Violations. If you believe the copyright in your work has been violated through the use of this Site or the Services, please contact IsMySearcher at the email address found on our Contact site. You must provide IsMySearcher with the following information, which IsMySearcher may then forward to the alleged infringer: (a) identify the material on the Site that you believe infringes your work, with enough detail so that we may locate it on the Site; (b) provide your address, telephone number, and email address; (c) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and (e) provide your physical or electronic signature. Upon receiving your complaint, IsMySearcher may remove content that you believe infringes your copyright.
7. External Links. From time to time IsMySearcher may provide links that will take you to third party web sites. These links are provided for your convenience only. If you decide to access linked web sites you do so at your own risk. IsMySearcher does not endorse or take responsibility for the content on other web sites or the availability of other web sites and you agree that IsMySearcher is not liable for any loss or damage that you may suffer by using other web sites.
8. Amendment of Terms. We reserve the right to amend any Terms agreed to by you from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement. Please check back regularly to review our Terms of Service.
9. Contact. IsMySearcher is located in the European Union. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided for us as follows:
10. Site License. IsMySearcher grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site, including but not limited to the Services made available from the Site and used in the operation of the Site. This license extends only to the non-commercial creation, storage and viewing of digital images on the Site and only pursuant to the Term of this Agreement. This license is exclusive to you and you may not sublicense the use of the Site or provide, disclose, distribute, transfer, or otherwise make available the Site to any individuals or entities that IsMySearcher has not specifically authorized to the Site. IsMySearcher expressly retains all ownership rights, title and interest in and to all aspects of the Services and the Site, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of this Agreement for any reason.
11. License. IsMySearcher does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials or content you make available or use in connection with the Site or the Services ("Content"). As a condition to your use of the Site, you hereby grant to IsMySearcher a non-exclusive, royalty-free license to use, copy, distribute, and display such Content for the sole purpose of enabling us to make your Content available through the Service and fulfilling any orders for you or for those with whom you have shared your Content. Please note that when you share Content, you allow the recipients to share and make photographic prints from that Content. You remain the owner of all Content that you submit to the Service and as a condition of your use of the Site and the Services, you represent and warrant to IsMySearcher that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. In addition, you warrant that all moral rights in any Content have been waived. Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. You agree to indemnify and hold IsMySearcher harmless for any violation of this provision.
12. Submissions.
12.1 You may place Content on the Site only in accordance with the following limitations and you may NOT store any of the following material on the Site or obtain any such material using the Site:
Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material.
12.2 While IsMySearcher does not and cannot review all material on the Site, and is not responsible for its content, IsMySearcher reserves the right to remove, delete, move or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable.
12.3 IsMySearcher will not be liable for the Content of any submission. You agree to indemnify and hold IsMySearcher harmless for any violation of this provision.
13. Storage Policy. IsMySearcher will offer free, unlimited storage for non-commercial purposes of your digital photos that you upload. Storage terms may change without notice. If an IsMySearcher page is inactive (viewed by noone) for a period of over 6 months, IsMySearcher may remove and will discard any Content, including all information, communications, postings, albums, image files or any other content within the Service.
14. Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. IsMySearcher makes no warranty with regard to the products or website of any other entity. IsMySearcher has no control over the content or availability of any third-party software or web sites. In particular, (a) IsMySearcher makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) IsMySearcher notifies you that it is your responsibility to become familiar with any website's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
15. Monitoring of Content.
15.1 IsMySearcher is available for your personal, non-commercial use.
15.2 You acknowledge that IsMySearcher may not pre-screen Content, but that IsMySearcher and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, IsMySearcher and its designees shall have the right to remove any Content that violates any part of these Terms or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard you acknowledge that you may not rely on any Content created by IsMySearcher or submitted to IsMySearcher.
15.3 Any Content discovered on the Site that is deemed in the sole discretion of IsMySearcher to be in violation of Title 18 of the United States Code, Sections 2251 et seq. may be reported and disclosed to appropriate law enforcement agencies.
15.4 You acknowledge, consent and agree that IsMySearcher may access, preserve, and disclose Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of IsMySearcher, its users and the public.
15.5 You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
15.6 You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by IsMySearcher and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part is strictly prohibited.
16. Conduct.
16.1 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not IsMySearcher is entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. IsMySearcher does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IsMySearcher be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
16.2 You may not obtain or seek to obtain access to materials on the Site for which your access is not authorized. Any attempt to circumvent firewalls or other security devices of the Site is a violation of this Agreement. You agree to indemnify and hold IsMySearcher harmless for any violation of this provision.
17. Suspension and Termination of Access.
17.1 IsMySearcher reserves the right to suspend or terminate your use of the Site and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other materials on the Site, at any time, without notice, for any reason, including but not limited to the following:
Breach of these, including policies or guidelines set forth by IsMySearcher elsewhere;
Conduct that IsMySearcher believes is harmful to other users of IsMySearcher or the business of IsMySearcher or other third party information providers.
17.2 Further, you agree that IsMySearcher shall not be liable to you or any third party for any termination of your access to the Site.
17.3 IsMySearcher reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IsMySearcher shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18. Disclaimer Warranty. THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN PARTICULAR, IsMySearcher MAKES ANY WARRANTY THAT THE SITE, INCLUDING THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITE OR ANY SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA OR IMAGES ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. IsMySearcher DOES NOT MAKE ANY WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE OR THE IsMySearcher SITE. NO ADVICE OR INFORMATION GIVEN BY IsMySearcher, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
19. Indemnification. You agree to indemnify and hold IsMySearcher, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.
20. Limitation of Liability. cont from here
20.1 YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE OR OTHER MATERIALS ON THE SITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL IsMySearcher BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE, INCLUDING ITS SERVICES, DAMAGES FROM ANY CHANGES TO THE SITE, INCLUDING ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF IsMySearcher HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IsMySearcher SHALL NOT HAVE ANY LIABILITY FOR ANY CONTENT PROVIDED BY YOU TO IsMySearcher. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
20.2 IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, OR FEEL IsMySearcher HAS BREACHED THESE TERMS AND CONDITIONS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF IsMySearcher TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100). IT IS THE INTENTION OF IsMySearcher AND YOU THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
20.3 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21. General.
21.1 Applicable Law and Jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. This Agreement and any claims hereunder shall be governed by and subject to the laws, without giving effect to any principles of conflicts of law.
21.2 No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
21.3 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and IsMySearcher as a result of this Agreement or use of the Service.
21.4 Enforcement. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive.
21.5 Force Majeure. IsMySearcher will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, lightnting, storm, explosions, acts of God, ,revolution, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond IsMySearcher' reasonable control.
21.6 Waiver. The failure of IsMySearcher to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by IsMySearcher in writing.
21.7 Construction. The headings of Sections of the Agreement are for convenience and are not to be used in interpretation.
21.8 Assignment. You may not assign or transfer, by operation of law or otherwise, this Agreement or any of your rights under this Agreement to any third party without IsMySearcher' prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. IsMySearcher may assign this Agreement to any successor to its business or assets to which this Agreement relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise.
21.9 Entire Agreement. This Agreement constitutes the entire agreement between you and IsMySearcher and governs your use of the Site, superseding any prior agreements between you and IsMySearcher. The failure of IsMySearcher to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS ABOVE, IsMySearcher IS UNWILLING TO PROVIDE SERVICES TO YOU.
2. Availability. IsMySearcher uses commercially reasonable efforts to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunication links and equipment that are beyond our control. We will use reasonable commercial efforts to decrease such disruption where it is within the reasonable control of IsMySearcher. YOU AGREE THAT IsMySearcher SHALL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet Service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
3. Trademarks. All brand, product and Service names used in the Services which identify IsMySearcher, are proprietary marks of IsMySearcher. All brand, product and service names used in the Services which identify other entities and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of IsMySearcher or any third party with respect to any such image, logo or name.
4. Copyright. Unless otherwise stated in this Agreement or on the Site, IsMySearcher is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such IsMySearcher proprietary content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.
5. Copyright, Other Proprietary and Privacy Protection for Other Users' Content on the Site. IsMySearcher hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that IsMySearcher is unable to provide you with permission to copy, display, print, or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy, print, or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on or related to the Site. IsMySearcher does not provide you with permission to access and view any content provided by other Users or third parties. IsMySearcher has the absolute right to terminate your membership and or account or exclude you from the Site if you use the Service to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold IsMySearcher harmless for any violation of this provision. By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.
6. Copyright Violations. If you believe the copyright in your work has been violated through the use of this Site or the Services, please contact IsMySearcher at the email address found on our Contact site. You must provide IsMySearcher with the following information, which IsMySearcher may then forward to the alleged infringer: (a) identify the material on the Site that you believe infringes your work, with enough detail so that we may locate it on the Site; (b) provide your address, telephone number, and email address; (c) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and (e) provide your physical or electronic signature. Upon receiving your complaint, IsMySearcher may remove content that you believe infringes your copyright.
7. External Links. From time to time IsMySearcher may provide links that will take you to third party web sites. These links are provided for your convenience only. If you decide to access linked web sites you do so at your own risk. IsMySearcher does not endorse or take responsibility for the content on other web sites or the availability of other web sites and you agree that IsMySearcher is not liable for any loss or damage that you may suffer by using other web sites.
8. Amendment of Terms. We reserve the right to amend any Terms agreed to by you from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement. Please check back regularly to review our Terms of Service.
9. Contact. IsMySearcher is located in the European Union. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided for us as follows:
10. Site License. IsMySearcher grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site, including but not limited to the Services made available from the Site and used in the operation of the Site. This license extends only to the non-commercial creation, storage and viewing of digital images on the Site and only pursuant to the Term of this Agreement. This license is exclusive to you and you may not sublicense the use of the Site or provide, disclose, distribute, transfer, or otherwise make available the Site to any individuals or entities that IsMySearcher has not specifically authorized to the Site. IsMySearcher expressly retains all ownership rights, title and interest in and to all aspects of the Services and the Site, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of this Agreement for any reason.
11. License. IsMySearcher does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials or content you make available or use in connection with the Site or the Services ("Content"). As a condition to your use of the Site, you hereby grant to IsMySearcher a non-exclusive, royalty-free license to use, copy, distribute, and display such Content for the sole purpose of enabling us to make your Content available through the Service and fulfilling any orders for you or for those with whom you have shared your Content. Please note that when you share Content, you allow the recipients to share and make photographic prints from that Content. You remain the owner of all Content that you submit to the Service and as a condition of your use of the Site and the Services, you represent and warrant to IsMySearcher that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. In addition, you warrant that all moral rights in any Content have been waived. Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. You agree to indemnify and hold IsMySearcher harmless for any violation of this provision.
12. Submissions.
12.1 You may place Content on the Site only in accordance with the following limitations and you may NOT store any of the following material on the Site or obtain any such material using the Site:
Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material.
12.2 While IsMySearcher does not and cannot review all material on the Site, and is not responsible for its content, IsMySearcher reserves the right to remove, delete, move or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable.
12.3 IsMySearcher will not be liable for the Content of any submission. You agree to indemnify and hold IsMySearcher harmless for any violation of this provision.
13. Storage Policy. IsMySearcher will offer free, unlimited storage for non-commercial purposes of your digital photos that you upload. Storage terms may change without notice. If an IsMySearcher page is inactive (viewed by noone) for a period of over 6 months, IsMySearcher may remove and will discard any Content, including all information, communications, postings, albums, image files or any other content within the Service.
14. Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. IsMySearcher makes no warranty with regard to the products or website of any other entity. IsMySearcher has no control over the content or availability of any third-party software or web sites. In particular, (a) IsMySearcher makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) IsMySearcher notifies you that it is your responsibility to become familiar with any website's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
15. Monitoring of Content.
15.1 IsMySearcher is available for your personal, non-commercial use.
15.2 You acknowledge that IsMySearcher may not pre-screen Content, but that IsMySearcher and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, IsMySearcher and its designees shall have the right to remove any Content that violates any part of these Terms or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard you acknowledge that you may not rely on any Content created by IsMySearcher or submitted to IsMySearcher.
15.3 Any Content discovered on the Site that is deemed in the sole discretion of IsMySearcher to be in violation of Title 18 of the United States Code, Sections 2251 et seq. may be reported and disclosed to appropriate law enforcement agencies.
15.4 You acknowledge, consent and agree that IsMySearcher may access, preserve, and disclose Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of IsMySearcher, its users and the public.
15.5 You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
15.6 You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by IsMySearcher and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part is strictly prohibited.
16. Conduct.
16.1 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not IsMySearcher is entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. IsMySearcher does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IsMySearcher be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
16.2 You may not obtain or seek to obtain access to materials on the Site for which your access is not authorized. Any attempt to circumvent firewalls or other security devices of the Site is a violation of this Agreement. You agree to indemnify and hold IsMySearcher harmless for any violation of this provision.
17. Suspension and Termination of Access.
17.1 IsMySearcher reserves the right to suspend or terminate your use of the Site and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other materials on the Site, at any time, without notice, for any reason, including but not limited to the following:
Breach of these, including policies or guidelines set forth by IsMySearcher elsewhere;
Conduct that IsMySearcher believes is harmful to other users of IsMySearcher or the business of IsMySearcher or other third party information providers.
17.2 Further, you agree that IsMySearcher shall not be liable to you or any third party for any termination of your access to the Site.
17.3 IsMySearcher reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IsMySearcher shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18. Disclaimer Warranty. THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN PARTICULAR, IsMySearcher MAKES ANY WARRANTY THAT THE SITE, INCLUDING THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITE OR ANY SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA OR IMAGES ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. IsMySearcher DOES NOT MAKE ANY WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE OR THE IsMySearcher SITE. NO ADVICE OR INFORMATION GIVEN BY IsMySearcher, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
19. Indemnification. You agree to indemnify and hold IsMySearcher, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.
20. Limitation of Liability. cont from here
20.1 YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE OR OTHER MATERIALS ON THE SITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL IsMySearcher BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE, INCLUDING ITS SERVICES, DAMAGES FROM ANY CHANGES TO THE SITE, INCLUDING ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF IsMySearcher HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IsMySearcher SHALL NOT HAVE ANY LIABILITY FOR ANY CONTENT PROVIDED BY YOU TO IsMySearcher. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
20.2 IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, OR FEEL IsMySearcher HAS BREACHED THESE TERMS AND CONDITIONS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF IsMySearcher TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100). IT IS THE INTENTION OF IsMySearcher AND YOU THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
20.3 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21. General.
21.1 Applicable Law and Jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. This Agreement and any claims hereunder shall be governed by and subject to the laws, without giving effect to any principles of conflicts of law.
21.2 No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
21.3 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and IsMySearcher as a result of this Agreement or use of the Service.
21.4 Enforcement. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive.
21.5 Force Majeure. IsMySearcher will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, lightnting, storm, explosions, acts of God, ,revolution, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond IsMySearcher' reasonable control.
21.6 Waiver. The failure of IsMySearcher to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by IsMySearcher in writing.
21.7 Construction. The headings of Sections of the Agreement are for convenience and are not to be used in interpretation.
21.8 Assignment. You may not assign or transfer, by operation of law or otherwise, this Agreement or any of your rights under this Agreement to any third party without IsMySearcher' prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. IsMySearcher may assign this Agreement to any successor to its business or assets to which this Agreement relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise.
21.9 Entire Agreement. This Agreement constitutes the entire agreement between you and IsMySearcher and governs your use of the Site, superseding any prior agreements between you and IsMySearcher. The failure of IsMySearcher to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS ABOVE, IsMySearcher IS UNWILLING TO PROVIDE SERVICES TO YOU.
This statement applies worldwide. Last modified: 15.Jun.2008