PHP Search Engine - Yioop! - Terms of Service

Terms of Service

Welcome to Yioop! These terms of service ("terms") govern your access to and use of the services provides by the yioop.com website ("Yioop Services") which is maintained by Seekquarry LLC. These terms may be updated without notification to you. A current version of these terms will be available any time at http://www.yioop.com/terms.php. By making use of Yioop Services you accept and agree to be bound by the terms and provision of this Terms of Service agreement.

Description of Yioop Services

Yioop Services are the search engine results, user accounts, user groups, group feeds, wiki and other services which can be used on the yioop.com website based on the Yioop software available for download from http://www.seekquarry.com. Services provides by Yioop may also include any communications by you regarding Yioop with the site's maintainer, Seekquarry LLC. From time to time new features may be added to the Yioop software and then made available on yioop.com. These new features will also be subject to these terms of service.

Use of Service

You may use the Yioop Services only if you are at least 18 years of age, are of legal age, can form a binding contract with Seekquarry LLC, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Registration and Passwords

Some areas of the Yioop Services such as but not limited to user groups, group feeds, and wikis may require you to register with us. If you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by Yioop registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You understand that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, Seekquarry LLC reserves the right to terminate this agreement with you and to terminate or restrict your current or future use of the Yioop Services.
You acknowledge and agree that you responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Seekquarry LLC encourages you to use a strong password or passphrase. Seekquarry LLC, the maintainer of yioop.com, its officers, employees, affiliates, agents, and partners will not be liable for any loss or damage arising from your failure to comply with the above.
The Yioop Privacy Policy describes how information about you may be collected and used by the Yioop websites and Seekquarry LLC. By using Yioop services, you agree that Seekquarry LLC and the Yioop website can use your data in the fashion described there.
If you are a copyright holder, the privacy page also describes how to contact us if you think someone is violating your copyrights.

Content

Yioop services may allow you to upload, submit, store, send or receive content. You retain any intellectual property rights to any content you submit, post or display on or through Yioop Services.
You grant the Yioop websites and Seekquarry LLC 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 agree and acknowledge that this license includes the right for Seekquarry LLC to provide, promote, and improve the Yioop Services and to make content submitted to or through the Yioop Services available to other companies. These additional uses of your content may be made with no compensation paid to you. Further you agree that Yioop websites and Seekquarry LLC may adapt or modify your content to make it suitable for display, transmission, or distribution on or across various media and devices.

Seekquarry LLC Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Seekquarry LLC. The Services are protected by copyright and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Yioop or Seekquarry name or any of the Yioop or Seekquarry logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Seekquarry LLC or to Yioop Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation, monetary or otherwise, to you.

Restrictions on Use of Service

Seekquarry LLC reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any content on Yioop Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (d) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (e) respond to user support requests, or (f) protect the rights, property or safety of the Yioop websites, its users and the public.
You may not do any of the following while accessing or using the Yioop Services: (a) harrass or abuse others, (b) violate the privacy of others as governed by applicable laws, (c) engage in fraud, impersonation, or false statements, (d) commit copyright, trademark, patent or intellectual property infringement, (e) misuse these services for illegal purposes or in a manner that is inconsistent with applicable law, (f) engage in behavior is disruptive to the integrity or availability of Yioop Services.

Termination

The Terms will continue to apply until terminated by either you or Seekquarry LLC as follows.
You can stop using our Yioop Services at any time by sending an email to the sites maintainer, chris@pollett.org. Seekquarry LLC may also stop providing Yioop Services to you, or add or create new limits to our Yioop Services at any time.
Seekquarry LLC reserves the right to change and improves Yioop Services. This includes the right to add or remove functionalities or features, or to suspend or stop the Yioop Services altogether.

Disclaimer of Warranties

You expressly understand and agree that:
  1. The services are available "as is". Your access to and use of this software is at your own risk. Seekquarry LLC, the maintainer of yioop.com, its officers, employees, affiliates, agents, and partners disclaim all warranties of any kind, whether express or implies, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
    Seekquarry LLC, the maintainer of yioop.com, its officers, employees, affiliates, agents, and partners make no warranty and disclaim all responsibility and liability for: (a) the availability, quality, completeness, timeliness, accuracy, or security of these services; (b) any harm or loss of data that might result from using these services to your computer system; and (c) the deletion or failure to store any the content and other communications maintained by these services.
  2. Links to third party sites and to other groups within this site may appear in Yioop search results, Yioop Group Feeds, Wikis and other services. You agree and acknowledge that Seekquarry LLC is not responsible for the availability of these links or external resources. You also agree that Seekquarry LLC does not endorse nor is responsible or liable, directly or indirectly, for the content that might be found on those sites. You further acknowledge and agree that Seekquarry LLC is also not liable, directly or indirectly, for damages that might result from the reliance on connections to or availability of any such content or service.

Limitations on Liability

You expressly understand and agree that Seekquarry LLC, the maintainer of yioop.com, its officers, employees, affiliates, agents, and partners will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one hundred U.S. dollars (USD 100.00) in aggregate. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consquential damages. In such cases our liability will be limited to the fullest extent permitted by applicable law.

Waiver and Severability

The failure of Seekquarry LLC to enforce any right or provision of these Terms will not be construed as a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then that provision will be limited or eliminated to the minimum extent necessary, and all other provisions of these Terms will remain in effect to their fullest extent.

Governing 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. In any legal claim you file against us, you agree to file and resolve it exclusively in a state or federal court located in San Clara County, California. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in San Clara County, California, in any legal action or proceeding relating to us or these Terms of Use.
You agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

Entire Agreement

These terms and the Privacy Policy are the entire and exclusive agreement between Seekquarry LLC and you regarding Yioop Services, and these Terms supersede and replace any prior agreements between Seekquarry LLC and you regarding the Services. No other person or company will be third party beneficiaries to the Terms.

Contact

These terms are maintained by Seekquarry LLC. If you have any questions about these terms please contact chris@pollett.org.

Thanks!

Thanks for spending the time to read this terms of service agreement and thanks for your interest in the Yioop web site and software. Your feedback, encouragement, and use of this site are an integral part to its continued development.