Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the services
and PersonalSearchAgent.com websites (the “Services”), and any information,
text, graphics, or other materials uploaded, downloaded or appearing on the
Services (collectively referred to as “Content”). Your access to and use of the
Services is conditioned on your acceptance of and compliance with these Terms.
By accessing or using the Services you agree to be bound by these Terms.
Basic Terms
You are responsible for your use of the Services, for any content you post to
the Services, and for any consequences thereof. The Content you submit, post, or
display will be able to be viewed by other users of the Services and through
third party services and websites. You should only provide Content that you are comfortable
sharing with others under these Terms.
You may use the Services only if you can form a binding contract with
PersonalSearchAgent.com and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You may
use the Services only in compliance with these Terms and all applicable local,
state, national, and international laws, rules and regulations.
The Services that PersonalSearchAgent.com provides are always evolving and the form and nature
of the Services that PersonalSearchAgent.com provides may change from time to time without prior
notice to you. In addition, PersonalSearchAgent.com may stop (permanently or temporarily)
providing the Services (or any features within the Services) to you or to users
generally and may not be able to provide you with prior notice. We also retain
the right to create limits on use and storage at our sole discretion at any time
without prior notice to you.
Privacy
Any information that you provide to PersonalSearchAgent.com is subject to our Privacy Policy,
which governs our collection and use of your information. You understand that
through your use of the Services you consent to the collection and use (as set
forth in the Privacy Policy) of this information, including the transfer of this
information to the United States and/or other countries for storage, processing
and use by PersonalSearchAgent.com. As part of providing you the Services, we may need to
provide you with certain communications, such as service announcements and
administrative messages. These communications are considered part of the
Services and your PersonalSearchAgent.com account, which you may not be able to opt-out from
receiving.
Passwords
You are responsible for safeguarding the password that you use to access the
Services and for any activities or actions under your password. We encourage you
to use “strong” passwords (passwords that use a combination of upper and lower
case letters, numbers and symbols) with your account. PersonalSearchAgent.com cannot and will
not be liable for any loss or damage arising from your failure to comply with
the above requirements.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person who originated such Content. We may not monitor or
control the Content posted via the Services and, we cannot take responsibility
for such Content. Any use or reliance on any Content or materials posted via the
Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications posted
via the Services or endorse any opinions expressed via the Services. You
understand that by using the Services, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. Under no
circumstances will PersonalSearchAgent.com be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.
Your Rights
You retain your rights to any Content you submit, post or display on or through
the Services. By submitting, posting or displaying Content on or through the
Services, you grant us a worldwide, non-exclusive, royalty-free license (with
the right to sublicense) to use, copy, reproduce, process, adapt, modify,
publish, transmit, display and distribute such Content in any and all media or
distribution methods (now known or later developed).
You are responsible for your use of the Services, for any Content you provide,
and for any consequences thereof, including the use of your Content by other
users and our third party partners. You understand that your Content may be
rebroadcasted by our partners and if you do not have the right to submit Content
for such use, it may subject you to liability. PersonalSearchAgent.com will not be responsible
or liable for any use of your Content by PersonalSearchAgent.com in accordance with these Terms.
You represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any Content that you submit.
PersonalSearchAgent.com Rights
All right, title, and interest in and to the Services (excluding Content
provided by users) are and will remain the exclusive property of PersonalSearchAgent.com and its
licensors. The Services are protected by copyright, trademark, and other laws of
both the United States and foreign countries. Nothing in the Terms gives you a
right to use the PersonalSearchAgent.com name or any of the PersonalSearchAgent.com trademarks, logos, domain
names, and other distinctive brand features. Any feedback, comments, or
suggestions you may provide regarding PersonalSearchAgent.com, or the Services is entirely
voluntary and we will be free to use such feedback, comments or suggestions as
we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or
refuse to distribute any Content on the Services and to terminate users or
reclaim usernames. Please review the PersonalSearchAgent.com Rules (which are part of these
Terms) to better understand what is prohibited on the Service. We also reserve
the right to access, read, preserve, and disclose any information as we
reasonably believe is necessary to (i) satisfy any applicable law, regulation,
legal process or governmental request, (ii) enforce the Terms, including
investigation of potential violations hereof, (iii) detect, prevent, or
otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of PersonalSearchAgent.com, its
users and the public.
Tip PersonalSearchAgent.com does not disclose personally identifying information to third
parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using the Services: (i)
access, tamper with, or use non-public areas of the Services, PersonalSearchAgent.com’s computer
systems, or the technical delivery systems of PersonalSearchAgent.com’s providers; (ii) probe,
scan, or test the vulnerability of any system or network or breach or circumvent
any security or authentication measures; (iii) access or search or attempt to
access or search the Services by any means (automated or otherwise) other than
through our currently available, published interfaces that are provided by
PersonalSearchAgent.com (and only pursuant to those terms and conditions), unless you have been
specifically allowed to do so in a separate agreement with PersonalSearchAgent.com (NOTE:
crawling the Services is permissible if done in accordance with the provisions
of the robots.txt file, however, scraping the Services without the prior consent
of PersonalSearchAgent.com is expressly prohibited); (iv) forge any TCP/IP packet header or any
part of the header information in any email or posting, or in any way use the
Services to send altered, deceptive or false source-identifying information; or
(v) interfere with, or disrupt, (or attempt to do so), the access of any user,
host or network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Services, or by scripting the creation of
Content in such a manner as to interfere with or create an undue burden on the
Services.
Copyright Policy
PersonalSearchAgent.com respects the intellectual property rights of others and expects users of
the Services to do the same. We will respond to notices of alleged copyright
infringement that comply with applicable law and are properly provided to us. If
you believe that your Content has been copied in a way that constitutes
copyright infringement, please provide us with the following information: (i) a
physical or electronic signature of the copyright owner or a person authorized
to act on their behalf; (ii) identification of the copyrighted work claimed to
have been infringed; (iii) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient to
permit us to locate the material; (iv) your contact information, including your
address, telephone number, and an email address; (v) a statement by you that you
have a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and (vi) a
statement that the information in the notification is accurate, and, under
penalty of perjury, that you are authorized to act on behalf of the copyright
owner.
Your access to and use of the Services or any Content is at your own risk. You
understand and agree that the Services is provided to you on an “AS IS” and “AS
AVAILABLE” basis. Without limiting the foregoing, PersonalSearchAgent.com AND ITS PARTNERS
DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all
responsibility and liability for the completeness, accuracy, availability,
timeliness, security or reliability of the Services or any content thereon.
PersonalSearchAgent.com will not be responsible or liable for any harm to your computer system,
loss of data, or other harm that results from your access to or use of the
Services, or any Content. You also agree that PersonalSearchAgent.com has no responsibility or
liability for the deletion of, or the failure to store or to transmit, any
Content and other communications maintained by the Services. We make no warranty
that the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information, whether
oral or written, obtained from PersonalSearchAgent.com or through the Services, will create any
warranty not expressly made herein.
Links
The Services may contain links to third-party websites or resources. You
acknowledge and agree that we are not responsible or liable for: (i) the
availability or accuracy of such websites or resources; or (ii) the content,
products, or services on or available from such websites or resources. Links to
such websites or resources do not imply any endorsement by PersonalSearchAgent.com of such
websites or resources or the content, products, or services available from such
websites or resources. You acknowledge sole responsibility for and assume all
risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PersonalSearchAgent.com AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR
OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR
INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY
THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT
OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF
YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PersonalSearchAgent.com HAS
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages, so
the limitations above may not apply to you.
Waiver and Severability
The failure of PersonalSearchAgent.com to enforce any right or provision of these Terms will not
be deemed a waiver of such right or provision. In the event that any provision
of these Terms is held to be invalid or unenforceable, the remaining provisions
of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the
State of California without regard to or application of its conflict of law
provisions or your state or country of residence. All claims, legal proceedings
or litigation arising in connection with the Services will be brought solely in
San Francisco County, California, and you consent to the jurisdiction of and
venue in such courts and waive any objection as to inconvenient forum. If you
are accepting these Terms on behalf of a United States federal government entity
that is legally unable to accept the controlling law, jurisdiction or venue
clauses above, then those clauses do not apply to you but instead these Terms
and any action related thereto will be will be governed by the laws of the
United States of America (without reference to conflict of laws) and, in the
absence of federal law and to the extent permitted under federal law, the laws
of the State of California (excluding choice of law).
Entire Agreement
These Terms, the PersonalSearchAgent.com Rules and our Privacy Policy are the entire and
exclusive agreement between PersonalSearchAgent.com and you regarding the Services (excluding
any services for which you have a separate agreement with PersonalSearchAgent.com that is
explicitly in addition or in place of these Terms), and these Terms supersede
and replace any prior agreements between PersonalSearchAgent.com and you regarding the Services.
We may revise these Terms from time to time, the most current version will
always be at PersonalSearchAgent.com.If the revision, in our sole discretion, is
material we will notify you via an @PersonalSearchAgent.com update or e-mail to the email
associated with your account. By continuing to access or use the Services after
those revisions become effective, you agree to be bound by the revised Terms.
Effective: August 11, 2010
Thoughts or questions about these Terms? Please, let us know.