Pimp My Search - Terms of Service

Pimp My Search - Terms of Service
Effective Jan 27 2009

Welcome to Pimp My Search ("PimpMySearch.com," "PimpMySearch", "we" or "us"), a novelty site where you can create your own customized search engine homepage.

Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and Pimp My Search.

1. Modification of the Site or Terms of Service.
Pimp My Search reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Service without notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services. By continuing to access or use the Site and Services after PimpMySearch makes any such modification, you agree to be bound by the revised Terms of Service.

2. Eligibility.
To use Pimp My Search.com you must be at least 13 years old. We encourage you to checkout our Privacy Policy for information about our policies and procedures regarding the collection, use and disclosure of information we receive from users.

3. Content.
Certain types of content are made available through the Site. "Pimp My Search Content" as used in these Terms of Service means, collectively, the text, data, graphics, images made available through the Site, excluding User Submissions & any third party copyrighted images. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images and other content and information which Members post, upload and otherwise submit to the Site. PIMPMYSEARCH RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY PIMPMYSEARCH CONTENT OR USER SUBMISSIONS FROM THE SITE WITHOUT NOTICE.

4. Your Obligations in Using the Site and Services.
The Site and Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:

a. Circumvent, disable or otherwise interfere with security related features of Pimp My Search.com

b. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;

c. Upload, post, email, or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Pimp My Search

d. Upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any Pimp My Search User, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;

e. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of Pimp My Search's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

f. Attempt to probe, scan or test the vulnerability of any Pimp My Search system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;

g. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;

h. Collect or store personal data about other Pimp My Search Users without their express permission;

i. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;

j. Use the Site or Services in any manner not permitted by this Agreement; or

k. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

5. Termination.
a. We may immediately suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Pimp My Search is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU.

b. Any suspension, termination or cancellation will not affect your obligations to Pimp My Search under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

6. Third Party Links.
The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that Pimp My Search is not responsible or liable for the availability or accuracy of, and PimpMySearch does not endorse, such websites or resources or the content, products, or services on or 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.

Also you acknowledge that Pimp My Search is a novelty website and not associated or endorsed by Google or any other third party.

7. Intellectual Property Rights and Ownership.
a. Content. You may access and use the Site, Services, Pimp My Search Content and User Submissions for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, PimpMySearch Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, PimpMySearch Content, User Submissions (other than your User Submissions). Pimp My Search and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Pimp My Search Content and the trademarks, service marks and logos contained therein other than your User Submissions.

b. User Submissions.

Disclaimer. Pimp My Search has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Members, including without limitation any information obtained by using the Site. Pimp My Search does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Pimp My Search with respect thereto.

8. Copyrighted Materials: No Unauthorized Use.
YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Pimp My Search has adopted and implemented a policy that provides for the termination in appropriate circumstances of the Accounts of Members who repeatedly infringe or are believed to be infringing the rights of copyright holders.

9. Disclaimer of Warranties.
YOUR USE OF THE SITE, SERVICES, PIMPMYSEARCH CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, PIMP MY SEARCH CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. PIMP MY SEARCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, PIMP MY SEARCH CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. PIMPMY SEARCH DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE SITE, SERVICES, PIMP MY SEARCH CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIMP MY SEARCH, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability.
IN NO EVENT WILL PIMP MY SEARCH, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, PIMP MY SEARCH CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PIMP MY SEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL PIMPMYSEARCH'S CUMULATIVE LIABILITY TO YOU EXCEED $100.

11. Indemnification.
You agree to defend, indemnify, and hold Pimp My Search, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, PimpMy Search Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.

12. General.

This Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Michigan excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Terms of Service will be brought exclusively in courts located in Southeast Michigan and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of PimpMy Search and any prohibited assignment will be null and void. Pimp MySearch may assign these Terms of Service or any rights hereunder without your consent. The relationship of the parties under this Terms of Service is that of independent contractors, and this Terms of Service will not be construed to imply that either party is the agent, employee, or joint venturer of the other. You agree that this Terms of Service and the rules, restrictions and policies contained herein, and PimpMySearch's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Pimp My Search. This Terms of Service together with the rules and policies of Pimp My Search constitutes the entire agreement between PimpMySearch and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by PimpMySearch via email (in each case to the address that you provide), (b) a posting on the Site, or (c) by you via email to contact [at] Pimpmysearch.com or to such other addresses as Pimp My Search may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

Note: Pimp My Search is a non-commercial novelty site, not related to Google.