Snirch.com Terms of Service (as of November 14, 2010)
Welcome to Snirch’s (“Snirch”) Snirch.com website (the “Site”). By
using or accessing the Site and the services provided through or accessed on
the Site (collectively, the “Services”), you are agreeing to be bound by the
following terms and conditions ("Terms of Service"), and in return, Snirch
grants you a personal, non-transferable and non-exclusive limited license to
access and use the Services:
You may use the Services only if you can form a binding contract with Snirch and are not a
person barred from receiving services under the laws of the United States or other applicable
jurisdictions. You may use the Services only in compliance with these Terms and all applicable
local, state, national, and international laws, rules and regulations.
Basic Terms
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You must comply with all the terms of these Terms of Service in order to use
the Services.
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You must be 13 years or older to use the Services.
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Should you create an account (a “Snirch Account”), you
must provide accurate and complete registration information, and you are
responsible for any activity that occurs under your username.
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You are responsible for keeping your password secure.
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You must not use the Services to abuse, harass, threaten, impersonate,
intimidate or otherwise violate the legal rights (including rights of privacy
and publicity) of others.
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You must not use the Services for any illegal or unauthorized purpose.
International users agree to comply with all local laws regarding online
conduct and acceptable content.
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You are solely responsible for your conduct and any data, text, information,
account name, profiles, or links
("Content") that you submit, post, display and/or distribute on or through the
Services.
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You must not modify, adapt, create derivative work of, reverse engineer, or
hack the Site or the Services (including any of its subpages or software
provided on or through the Site) or modify another website so as to falsely
imply that it is associated with Snirch.
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You must not create or submit unwanted email to any of Snirch’s members
("Spam").
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You must not transmit any worms or viruses or any code of a destructive nature.
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You must not, in the use of the Services, violate any laws in your jurisdiction
(including, but not limited to, proprietary rights and copyright laws).
- You agree that neither Snirch nor its contributing users are responsible for any content linked to from the Site. Additionally, Snirch and its contributing users do not offer any endorsement or warranty for links or recommended queries on the Site and/or content linked to from the Site.
Violation of any of these Terms of Services will result in the termination of
your Snirch Account(s). While Snirch prohibits such
conduct and content on its Site, you understand and agree that Snirch cannot be
responsible for the Content posted on its Site by members (or linked to by its members), and you nonetheless
may be exposed to such materials and that you use the Services at your own
risk.
General Conditions
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We reserve the right to alter these Terms of Service at any time. If the
alterations constitute a material change to the Terms of Service, we will
notify you via internet mail. What constitutes a "material change" will be
determined at our sole discretion, in good faith and using common sense and
reasonable judgment.
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We reserve the right to refuse service to anyone for any reason at any time.
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We may, but have no obligation to, remove Content and accounts containing
Content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, obscene or otherwise objectionable or
violates any party's intellectual property or these Terms of Service.
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We encourage you to use discretion while browsing the Internet using links
initiated at the Site. Links presented on the Site may unintentionally lead to
other sites containing information that some people may find inappropriate or
offensive; sites which contain inaccurate information, false or misleading
advertising; sites that include malware; or sites containing information which violates copyright, libel or
defamation laws.
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These Terms of Services are effective as of the time you first access the Site
and shall continue in full force and effect until terminated as follows:
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You may terminate your Snirch Account for any reason or no reason at any time.
Account termination requests should be sent to info (at) snirch (dot) com. In the event you have
registered for a Snirch Account to use the Services, once you terminate your
membership, you shall have no further rights or privileges to use the Services;
or Snirch may suspend or terminate your Snirch Account and access to or use of
the Services for any reason or no reason, with or without notice, at any time.
Proprietary Rights
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Snirch’s Registered and Unregistered Trademarks. Unless there is a written
agreement between you and Snirch, you understand and agree that nothing in
these Terms of Service gives you the right to use Snirch's trademarks,
tradenames, service marks, logos, domain names, and any other distinctive brand
features. You are however granted a right to responsibly link to any Snirch
search guide (created by you or others).
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Your Snirch account is owned by Snirch. Upon creation of an account
you select a Snirch Contributor ID for your sole use. The account (and Contributor ID) is
revokable, suspendable and/or transferable by Snirch at our sole discretion at any time for any reason. Common
reasons for account termination or revokation include, but are not limited to,
intellectual property violations and general violations of the terms of
service.
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You give Snirch permission to use your Content. By submitting any Content to
the Site, you agree to grant Snirch and its users permission to access and use
your Content. As such, you hereby grant to Snirch a non-exclusive, worldwide,
assignable, sublicensable, royalty-free license to publish, use, reproduce,
distribute, transmit, adapt, modify, create derivative of, provide user access
to, publicly perform and publicly display, in every manner and medium now or
hereafter known, any and all Content (in whole or in part) solely for the
purpose for which such Content was submitted. This license shall be in effect
for so long as such Content remains on the Site, and will terminate at the time
you or Snirch removes such Content from the Site.
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Snirch shall have no obligation to use or take any action with respect to any
Content.
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You can notify Snirch of possible copyright infringement or trademark
violations. Snirch undertakes to obey all relevant copyright and trademark
laws. We will review all claims of copyright or trademark infringement received
and remove content or terminate accounts deemed to have been posted or
distributed in violation of any such laws. To make a claim, please provide us
with the following: A physical or an electronic signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest that is allegedly infringed; A description of the copyrighted
work or other intellectual property that you claim has been infringed; A
description of where the material that you claim is infringing is located on
the Site reasonably sufficient to permit Snirch to locate the material. In most
cases, this should consist of the page url and a brief description of the
alleged offending material; Your contact information, including your address,
telephone number, and email; 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 A statement by you that the
above information in your notice is accurate and that you, made under penalty
of perjury, are the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf. Claims can be
sent to the email address info (at) snirch (dot) com.
Search Guide Creation Terms
You agree to the following terms when creating or publishing search guides in
Services:
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You will never create a search guide that is the result of payment or
sponsorship of any kind from a third party.
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It is your responsibility not to intentionally or unintentionally upload any
content that causes damage to Snirch's hardware, software, or data, or the
hardware, software or data of Snirch's users;
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You will initially review all recommended keywords included in your search guides to assure that
you do not link to malicious websites or other undesirable content;
Promotion Terms
Snirch actively encourages its users to promote our Services. You agree not to
spam in any manner through any medium. This includes unsolicited email to
people you do not know, and posting on websites in a manner that does not add
any value or is against the website's terms of service. Snirch explicitly reserves the right to suspend or terminate accounts and/or listings as a result of any violations of
the promotion terms.
Revenue Sharing Terms
Snirch intends to share revenues resulting from advertising from its search pages with its
top contributers. In the future, it is Snirch's intention to begin
to serve advertising on expert search results after we have sufficiently grown
our user base. Snirch reserves the right to modify the revenue
sharing terms at our sole discretion at any time for any reason.
Disclaimer of Warranties
Snirch disclaims any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or availability of
information or material displayed in the SERVICES. Snirch disclaims any
responsibility for the deletion, failure to store, misdelivery, or untimely
delivery of any information or material. Snirch disclaims any responsibility
for any harm resulting from downloading or accessing any information or
material on the Internet through the SERVICES.
THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN
THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SNIRCH AND
ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SNIRCH AND ITS LICENSORS DISCLAIM ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF
THE SERVICES. SNIRCH AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY
INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. SNIRCH AND ITS LICENSORS
DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS
FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE
SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA
THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SNIRCH OR ITS LICENSORS BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. ARISING
FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER
SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, (EVEN IF SNIRCH OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SNIRCH SERVICES,
FROM INABILITY TO USE THE SNIRCH SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY
THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS
LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL
FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE
SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR
RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO
THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Snirch or its
licensors be held liable for any delay or failure in performance resulting
directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
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These Terms of Service will be governed by and construed in accordance with the
laws of the State of Virginia, without giving effect to its conflict of laws
provisions or your actual state or country of residence. If for any reason a
court of competent jurisdiction finds any provision or portion of the Terms of
Service to be unenforceable, the remainder of the Terms of Service will
continue in full force and effect.
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These Terms of Service constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of the Terms of Service will be
effective only if in writing and signed by Snirch.
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The terms of the sections labeled “General Conditions,” “Proprietary Rights,”
“Limitations and Exclusions,” “Indemnification,” and “Miscellaneous” shall
survive any termination or expiration of these Terms of Services.
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No waiver of any term, provision or condition of these Terms of Service in any
one or more instances, shall be deemed to be, or shall constitute, a waiver of
any other term, provision or condition hereof, nor shall such waiver constitute
a continuing waiver of any such term, provision or condition hereof. No waiver
shall be binding unless executed in writing by the party making the waiver. You
agree that if Snirch does not exercise or enforce any legal right or remedy
which is contained in the Terms of Service (or which Snirch has the benefit of
under any applicable law), this will not be taken to be a formal waiver of
Snirch's rights and that those rights or remedies will still be available to
Snirch.
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If any action in law or in equity is necessary to enforce the terms of these
Terms of Service, the prevailing party will be entitled to reasonable fees of
attorneys, accountants, and other professionals, and costs and expenses in
addition to any other relief to which such prevailing party may be entitled.
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Snirch may assign its rights and duties under these Terms of Services to any
party at any time without notice to you. You may not transfer or assign any of
your rights and duties under these Terms of Service without the prior written
consent of Snirch.
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You agree that Snirch may provide you with any notices by e-mail, regular mail,
or postings through the Site.
(The terms and conditions in this document were inspired by Twitter and Google.)
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