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.
To use Pimp My Search.com you must be at least 13 years old. We encourage you to checkout our
the collection, use and disclosure of information we receive from
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
j. Use the Site or Services in any manner not permitted by this Agreement;
k. Encourage or instruct any other individual to do any of the foregoing
or to violate any term of these Terms of Service.
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.
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.
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
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Pimp My Search is a non-commercial novelty site, not related to Google.
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