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Terms


Representations and Warranties

As a User of the Service, you understand, represent, warrant, and agree that;

  • You are over 18 years of age, or, alternatively, you have the permission or your parents or legal guardian to participate in the Service.
  • You are solely responsible for any and all Content that you post on the Service and/or transmit (via forums or other means).
  • You can terminate your membership and/or stop your use of the Service at any time, and there is nothing forcing you to participate.
  • OneSearchPlace.com can review, suspend, and/or delete your account(s) which in the sole judgment of OneSearchPlace.com violates the terms or spirit of this Agreement.

You will abide by standards of conduct and decency which are in line with the general online community, as well as all local and federal laws. Violation of this, in OneSearchPlace.com's sole and absolute discretion, may result in OneSearchPlace.com taking appropriate action against you, including, without limitation, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions.

As the provider of the Service, OneSearchPlace.com represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order and available to the majority of people on the world wide web.


Proprietary Rights in OneSearchPlace.com Content on the Service

OneSearchPlace.com owns and retains all proprietary rights in the Service and Content it provides thereon, as well as all programming code, user-interface designs, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary information of OneSearchPlace.com partners, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.


Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Privacy

Use of the Service is also governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference.


Links to Third-Party Web Sites

The Service contains links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of  OneSearchPlace.com and User explicitly agrees that OneSearchPlace.com is not responsible for the content on any Linked Site; including, without limitation, any link contained in a Linked Site, nor any changes or updates to a Linked Site, nor if the Linked Site is not working appropriately. OneSearchPlace.com is providing these links to User only as a convenience, and the inclusion of any link does not imply endorsement by OneSearchPlace.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Furthermore, any activity or dealings with third parties (including advertisers) linked to from the Service, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party (or advertiser, as the case may be); OneSearchPlace.com shall not be responsible nor liable for any part of any such activity or dealings.


Disclaimers

OneSearchPlace.com is not responsible for any USER CONTENT, NOR FOR ANY incorrect or inaccurate Content, posted on the Service, or in connection with the Service, whether caused by User, other users, OneSearchPlace.com AND/OR ITS' affiliates, officers, agents, partners and employees, or by any of the equipment or programming associated with or utilized in the Service. OneSearchPlace.com is not responsible for the conduct, whether online or offline, of any user of the Service. OneSearchPlace.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, SERVICE, CONTENT, OR User communications. OneSearchPlace.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email, or traffic congestion on the Internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will OneSearchPlace.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the Service or transmitted to or from User, or any interactions between User and others, whether online or offline. THE SERVICE IS PROVIDED "AS-IS" AND, EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ABOVE, OneSearchPlace.com DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OneSearchPlace.com DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, OneSearchPlace.com IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS), NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.


Liability Limitations

IN NO EVENT SHALL OneSearchPlace.com BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF OneSearchPlace.com AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF OneSearchPlace.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT OneSearchPlace.com's  LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USER TO OneSearchPlace.com FOR THE SERVICE DURING THE TERM OF USER'S USE OR SUBSCRIPTION (IF ANY).


Term

This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. OneSearchPlace.com may terminate your account(s) (if any) at any time and without reason, with no notice required. If OneSearchPlace.com terminates your account(s) in the Service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 5, 6, 7, 8, and 9 of this Agreement


Disputes

If there are any disputes between you and OneSearchPlace.com and/or any of our subsidiaries, affiliates, officers, agents, and other partners and employees, you agree that the dispute will be governed by the laws of the State of Delaware, USA without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware, City of Wilmington.


Indemnity

You agree to indemnify and hold OneSearchPlace.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Furthermore, each of OneSearchPlace.com and User shall defend, indemnify, and hold harmless the other, and its directors, officers, employees, and other agents, from and against any loss, liability, damage, award, claim, cost and expense (including, but not limited to, reasonable attorney's fees and expenses) arising out of or incurred in connection with any warranty or representation made pursuant to this Agreement by OneSearchPlace.com, User, other users, or any use of the Service by User or other users.


Entire Agreement and Force Majeure

This Agreement, accepted upon use of the Service, contains the entire agreement between User and OneSearchPlace.com  regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances beyond its reasonable control, including but not limited to, acts of God, war, riot, embargo, acts of civil or military authorities, fire, flood, earthquake or other natural forces, accident, strike, or shortage of fuel or energy.


Notices

Any notices to OneSearchPlace.com are to be sent to info@OneSearchPlace.com


Language

It is expressly agreed that it is the will of both OneSearchPlace.com and User that this Agreement, as well as the Privacy Policy, Copyright Policy, and all other related documents and agreements (e.g. the search affiliate agreement) have been drawn up in English. Please Contact us with any questions regarding this agreement.



Updated August 1, 2004