TERMS OF USE AS AN ADVERTISER, WEB SITE VISITOR, AND CONSUMER
| 1. | Acceptance of Terms and Conditions: Search Initiatives LLC (hereinafter referred to as “Search Initiatives”) provides a local advertising platform and local search services to web publishers. We are primarily focused on providing Locally generated Internet-based coupons and text ad “Services” which are subject to the following terms and conditions of usage (hereinafter referred to as “Terms”). Search Initiatives may, from time to time, update the Terms without notice to you. You may read the latest Terms at this URL http://www.searchinitiatives.com/TermsOfUse. Your use of the Service, or any portion thereof, in any way, confirms that you agree to comply with these Terms. |
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| 2. | Registration Obligations: In consideration of use of the Service, you agree to: (a) provide accurate, true, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Search Initiatives has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Search Initiatives has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). |
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| 3. | Coupons & Text Ad Offers You acknowledge that coupons or web based text ads made available through Search Initiatives (hereinafter referred to as “Local Marketplace or Ad Platform”) are the sole responsibility of the company or individual who created the specific Coupon or Text Ad (hereinafter referred to as “Advertiser”). You acknowledge that Search Initiatives does not control, monitor, filter or edit Coupons or Advertisers in any way. Search Initiatives further does not guarantee that any Coupon or Text Ad is valid or that it will be honored by any Advertiser, so you may attempt to redeem a Coupon only to find that a specific Advertiser does not honor that Coupon. Search Initiatives is not responsible for any loss or damages of any kind that may result from your inability to redeem Coupons made available through this Service. You agree to hold Search Initiatives harmless from any loss or damages associated with Coupons or Text Ads made available through this Service (The Local Marketplace). You agree not to copy, cache, or syndicate Coupons or Text Ads. You may not link to Coupons stored on the Search Initiatives website, and you can not copy, cache or syndicate the image of the coupon independently of Search Initiatives. To do so, will cause Search Initiatives and our Publishing partners to lose revenue, and by accepting this Agreement, hereby agree to compensate Search Initiatives and our Publishers for such lost revenue. |
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| 4. | Content You acknowledge that all ratings, reviews, comments, feedback, coupons or other content posted on the Search Initiatives MarketSquare™, be it text or any other format, (hereinafter referred to as “Content”), are the sole responsibility of the person who posts the Content. Furthermore, you are solely responsible for your own Content posted using the Service. You acknowledge that Search Initiatives does not control, monitor, filter or edit the Content in any way, and that Search Initiatives is not responsible for Content made available through the Service. As a result of using the Service, you may be exposed to Content that is indecent, slanderous, inaccurate, misleading, crude, rude, racist, sexist, demeaning and generally offensive. You further acknowledge that you will solely assume all risk associated with any actions you take in response to, or under the advice of, the Content made available through this Service. Search Initiatives is not responsible for any loss or damages of any kind that may result from your use of the Content made available through this Service. You agree to hold Search Initiatives harmless from any loss or damages associated with the Content or operation of this Service. You acknowledge that Search Initiatives may, in its sole discretion, archive or disclose Content, including e-mail addresses, IP addresses, service provider information, time stamps, and any other information, if required to do so by law or in the belief that such disclosure or archiving is necessary to comply with legal process; respond to claims that any Content violates the rights of third-parties; protect the property, safety and rights of Search Initiatives users or the general public; to enforce the Terms. Although the ownership of the Content you post belongs solely to you personally, you agree that by posting Content to any publicly available area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Search Initiatives an irrevocable, non-exclusive, perpetual, fully paid, worldwide license to use, duplicate, display, syndicate and distribute said Content, and to create derivative works of, or incorporate it into other works, and to grant and authorize sublicenses of the foregoing. Additionally, you will defend, indemnify and hold harmless Search Initiatives from any third-party claim related to a breach of any of the foregoing representations and warranties. You further agree that while the company honors the rights of others, text ads and coupons typically have very similar offers. Therefore, you agree that you will not seek to enforce any copyright on a specific offer, and in fact, any company is free to make an identical offer. You acknowledge that Search Initiatives does not validate, pre-screen or approve the Content made available through this Service, but that Search Initiatives has the right to remove, refuse, delete, discredit, reformat, edit, move or in any way manipulate the Content that it finds objectionable for any reason. You agree not to duplicate, display, and distribute Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. |
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| 5. | Privacy Policy Search Initiatives does not sell, rent or barter personal information including email addresses. We think that selling this sort of information is inappropriate. We may make usage and demographic information available in aggregate form, but we won’t sell your personal information. See our Privacy Policy |
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| 6. | Behavior | ||
| i. | that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way; | ||
| ii. | that impersonates any person or entity, including, but not limited to, a Search Initiatives employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; | ||
| iii. | that harasses, degrades or intimidates an individual or group of individuals on the basis of sexual orientation, religion, gender, age, race, ethnicity, or disability; | ||
| iv. | that disrupts the normal flow of dialogue with an excessive number of messages (also known as denial of service attack or flooding) to the Service, or that otherwise negatively affects other users' ability to use the Service; | ||
| v. | that is deceptive, misleading, deceitful, mis-informative, or constitutes a "bait and switch" effort, or uses phishing tactics ; | ||
| vi. | that includes personal or identifying information about another person without that person's explicit consent; | ||
| vii. | that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. | ||
| viii. | that constitutes or contains unauthorized advertising, promotional materials, “chain letters”, "junk mail”, “spam”, “pyramid schemes”, or any other form of undesirable or repetitious solicitation. | ||
| ix. | 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; | ||
| x. | that contains software code known as “spyware” meant to track the user’s activity or to plant applications that surreptitiously add functionality to the user’s computer without their knowledge of the complete extent of the functionality and their explicit consent; | ||
| xi. | that includes links to commercial services or web sites, except as allowed through independent written and duly executed contracts with Search Initiatives; | ||
| xii. | that employs misleading email addresses, or forged headers, repainted phone numbers or otherwise manipulated identifiers in order to disguise the source of Content transmitted through the Service; Additionally, you agree not to: | ||
| xiii. | "stalk" or otherwise harass anyone; | ||
| xiv. | collect personal data about other users for commercial or unlawful purposes, or any purpose without their explicit consent; | ||
| xv. | use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – Note: internet search engines and non-commercial public archives (i.e. archive.org) are hereby explicitly excepted from this restriction. However, such search engines may NOT cache coupons. All coupons must be served live from Search Initiatives’ or affiliated publisher’s site to ensure that they are current and correct. | ||
| 7. | Limitations on Service You acknowledge that Search Initiatives may establish limits concerning use of the Service, including but not limited to: |
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| i. | the frequency with which you may post, change a coupon or text ad and/or access the service; | ||
| ii. | the number, length and size of Content | ||
| iii. | how long Search Initiatives will maintain and make available the Content beyond the text ad or coupon’s expiry date | ||
| You further agree that Search Initiatives has no responsibility or liability for Content that is deleted, or for failure to store Content. You further acknowledge and agree that Search Initiatives may modify or discontinue service, or any portion thereof, at any time and for any reason and duration, with or without notice, and that Search Initiatives shall not be held liable to you or any third party for any reason whatsoever, including loss, potential loss, or damages of any kind. | |||
| 8. | No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service. |
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| 9. | Hyperlinks The Service may provide, or third parties may provide, hyperlinks to other World Wide Web sites or resources. Because Search Initiatives has no control over such sites and resources, you acknowledge and agree that Search Initiatives 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 Initiatives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be 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. |
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| 10. | Termination of Service You agree that Search Initiatives, at its sole discretion, may delete or deactivate your account, block your IP address or email or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content from the Service, for any reason, including, without limitation, if Search Initiatives believes that you have acted in a manner that is inconsistent with the Terms, or the spirit thereof. Further, you agree that Search Initiatives shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. |
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| 11. | Personal Dealings Your interactions with organizations and/or individuals found via the Service, including payment and delivery of goods, services or information, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Search Initiatives shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such interactions. |
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| 12. | Disclaimer of Warranties / Limitation of Liability You understand and agree that: |
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| i. | Search Initiatives disclaims all warranties of any kind, whether express or implied; | ||
| ii. | The Service is provided on an "as is" and "as available" basis, and should not be relied upon; | ||
| iii. | Your use of the Service is at your sole risk, and Search Initiatives shall not be liable for any direct, indirect, incidental, special, consequential, loss of business or exemplary damages (even if Search Initiatives has been advised of the possibility of such damages), resulting from any aspect of your use of the Service; | ||
| iv. | Any warranty not set forth in this Terms document, including any set forth by Search Initiatives employees, whether written or oral, will be invalid; | ||
| v. | If any of the above provisions are void under governing law, ZiXXo’s liability shall be limited to the extent permitted by law. | ||
| 13. | Proprietary rights The Service is protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Content or Service, or any portion thereof is prohibited. Copying or reproducing the Content or Service, or any portion thereof, to any other server or location for further reproduction or redistribution is prohibited. Users may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, distribute, sell, resell or exploit, for any commercial purposes, any aspect of the Service. Search Initiatives is a registered mark in the U.S. Patent and Trademark Office. |
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| 14. | Indemnity You agree to indemnify and hold Search Initiatives and its affiliate publishing partners, its directors, officers, employees and investors harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, or your violation of any rights of another individual or organization. |
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| 15. | General information | ||
| A. | Entire Agreement: The Terms constitute the entire agreement between you and Search Initiatives and govern your use of the Service, superceding any prior agreements between you, the Publisher and Search Initiatives. | ||
| B. | overning Law: You and Search Initiatives agree that the Terms and the relationship between you and Search Initiatives shall be governed by the laws of the State of New Hampshire without regard to its conflict of laws and principles. | ||
| C. | Jurisdiction: You and Search Initiatives agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hillsborough, New Hampshire. | ||
| D. | Failure to Exercise Rights: The failure of Search Initiatives to exercise or enforce any right or provision of the Terms, for any reason, shall not constitute a waiver of such right or provision. | ||
| E. | Severability: Waiver: If any provision of the Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. You and Search Initiatives further agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. | ||
| F. | Limitation on Claims: You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. | ||
| 16. | Violations of Terms Please report any violations of the Terms, by flagging the posting(s) for review by Search Initiatives staff, or by emailing to info@searchinitiatives.com |
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| 17. | Feedback We welcome your feedback on this document and on the Service. Please send them by emailing to info@searchinitiatives.com. We may also be reached 8:30 AM to 5:30 PM EST at 603 689 7134 |
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