1. Your Access to Anoox.com; Acceptance of Terms of Use:
By accessing and using ANOOX Search Engine and Social Network, you acknowledge
that you have read, understand, and agree to be bound by and
comply with the Terms of Service. IF YOU DO NOT AGREE WITH
THE TERMS, DO NOT ACCESS AND USE THE SITE. The Terms may be
modified without prior notice at anytime. Your continued use
of Anoox Search Engine constitutes that you agree with the
modified terms.
2. Intellectual Property:
The Anoox Search Engine, Social Network and Website are protected by copyright,
trademark, patent and other intellectual property laws and
international treaties. All of the content contained within
and on the Website and search engine, is the sole property
of Anoox, Inc and its third party suppliers, if applicable.
Except as permitted by law or by obtaining Anoox's prior written
permission, you may not copy, redistribute, publish, retransmit,
transfer, modify or create derivative works, or in any way
commercially exploit, any content on the WebSite or Search
Engine, in whole or in part. Furthermore, you may not change
or delete trademark legends or copyright notices.
3. Copyrights and Trademarks:
Anoox respects the copyright and intellectual property rights
of others. Anoox reserves the right to remove content that
appears to infringe the copyright or other intellectual property
rights of others. If you believe that Anoox or any user of
our site has infringed your copyright in any material way,
please notify Anoox's Copyright Agent and provide the following
information:
- A physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest,
- An identification of the copyrighted work claimed to have
been infringed,
- An identification of the material that you claim is infringing
so that we may locate it on the site,
- Your address, telephone number and email address,
- A 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, and
- A statement by you that the above information in your
notice is accurate, made under penalty of perjury, and that
you are authorized to act on behalf of the owner of the
copyright interest involved.
You may forward your notice to: Anoox Copyright Agent, by
email to anoox_copyright@anoox.com, or by mail Anoox Inc.,
660 4th Street, #210, San Francisco, Ca, 94104.
The Anoox logo and name are trademarks of Anoox, Inc. All
other trademarks appearing on the Anoox Website and Search
Engine are the property of their respective owners.
4. Privacy Policy
You may access the Privacy Policy.
5. Prohibited Conduct:
Your use of Anoox Search Engine and WebSite may only be for
lawful purposes and in full compliance with all applicable
local, state, national and international laws. Unacceptable
conduct includes, without limitation, harming minors in any
way; interfering with or disrupting the Anoox WebSite or Search
Engine or servers or networks connected to the WebSite; violating
the regulations, policies or procedures of networks or Web
sites connected or linked to the Anoox WebSite; attempting
to gain unauthorized access to the Anoox WebSite, other accounts,
computer systems or networks connected to the Anoox WebSite,
or attempting to collect or store personal data about other
users of the Anoox WebSite.
6. Third Party Content:
The Anoox WebSite may contain content provided by third parties
not associated with Anoox. You understand and expressly agree
that Anoox assumes no responsibility or liability for any
third party content. Because Anoox has no control over third
party content, Anoox cannot be responsible for the accuracy,
integrity or quality of such content. Anoox is not responsible
for offensive, objectionable or defamatory content, or loss
or damage of any kind you may incur as a result of this content.
Under no circumstances shall Anoox, its affiliates, partners,
officers, directors, employees or agents be liable for any
loss, damage or harm caused by your reliance on information
obtained through the Anoox Search Engine. You, the user, are
solely responsible for any risks correlated with your use
of the third party content that you access through the Anoox
Search Engine.
7. Links to Sites and Services:
Anoox has no control over and cannot monitor the content of
the sites and information you will have access to by initiating
a search using the Anoox Search Engine. Anoox is not responsible
for the content or reliability of the websites, links, resources,
and information you will have access to from other sites.
Anoox shall not be responsible or liable directly or indirectly,
for any damages or loss caused or alleged to be caused by
or in connection with your use of or reliance on any such
content, goods or services available on or through any such
site or resource.
8. Disclaimer of Warranties:
Anoox disclaims any and all responsibility and/or liability
for the accuracy, completeness, legality, reliability, operability
and availability of any content, information, services, or
sites accessible on or through the Anoox Web Site. In addition,
Anoox disclaims any responsibility for the deletion, failure
to store, failure to deliver or untimely delivery of any information
or material. Anoox disclaims any and all harm resulting from
downloading or accessing any information or material on or
through the Anoox WebSite and assumes no liability or responsibility
for any errors or omissions in such content.
THE ANOOX WEBSITE AND ALL SITES AND CONTENT PROVIDED THROUGH
IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANOOX DOES NOT WARRANT THAT (I) THE WEBSITE, CONTENT OR SERVICES
WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR (II)
DEFECTS IN THE WEBSITE, CONTENT OR SERVICES WILL BE CORRECTED;
OR (III) THE WEBSITE, CONTENT OR SERVICES WILL MEET YOUR EXPECTATIONS
OR NEEDS. ANOOX WILL NOT BE RESPONSIBLE FOR ERRORS, OMISSIONS,
INTERRUPTIONS, DELETIONS, DEFECTS, AND DELAYS IN OPERATION
OR TRANSMISSION, COMMUNICATION LINE FAILURE, OR COMPUTER VIRUSES
ASSOCIATED WITH THE OPERATION OF THE WEBSITE, SERVICES OR
CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SOME PORTIONS OF THE FOREGOING DISCLAIMER
MAY NOT APPLY TO YOU.
9. Limitation of Liability:
YOUR USE OF THE WEBSITE AND USE OF THE SEARCH ENGINE AND CONTENT
IS AT YOUR OWN RISK. NEITHER ANOOX NOR ANY OF ITS DIRECTORS,
OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS OR
COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING
OUT OF OR IN CONNECTION WITH THE WEBSITE, SEARCH ENGINE OR
CONTENT, WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY
OF ANOOX OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
OR AGENTS UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE)
EXCEED $150, REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS
IN THIS SECTION MAY BE LIMITED BY PROVISIONS OF APPLICABLE
LAW.
10. Indemnity:
By using the Anoox website, you agree to indemnify Anoox and
its parents, subsidiaries, affiliates, directors, officers,
employees and agents and hold them harmless from and against
any and all claims, expenses, damages and losses arising out
of or relating to your use of the Website and/or Search Engine,
11. Your Interaction with Advertisers:
Your interaction in any way with or participation in promotions
of advertisers found on or through the Website and/or Search
Engine, including payment and delivery of related goods and
services, and any other terms, conditions, warranties or representations
associated with such interactions, are solely between you
and the advertiser. Anoox will not be liable in any way for
any loss, damage or injury you may incur as a result of your
interaction with such advertisers. Anoox expressly disclaims
any endorsement of any businesses, products or services provided
by third parties on or through the search engine or Website.
12. Termination of Service and Access:
Anoox reserves the right to terminate your access to the Anoox
Website and/or search engine at any time for any reason. It
will be in Anoox's sole discretion to make a decision to terminate
your access and you agree that Anoox shall not be liable to
you for the termination of your access to the Website or Search
Engine.
13. Miscellaneous:
If any provision of this Terms of Service is held by a court
of competent jurisdiction to be invalid or unenforceable,
such provision shall be deemed stricken, and the remainder
of the Terms of Service shall continue in full force and effect.
Any waiver by Anoox of the performance or satisfaction of
any provision hereof will not be considered to be a waiver
of any other similar or dissimilar covenant or condition hereunder,
nor will it be considered a continuing waiver of the same
provision in the future. Anoox may amend, alter or modify
these Terms of Service at any time without notice. No modification
of these Terms of Service by you shall be valid or binding
on Anoox unless you obtain written agreement from Anoox. Anoox
may modify its Search Engine at any time without notice. Anoox
reserves the right to assign our rights and delegate our duties
under these Terms of Service either in whole or in part at
any time, in our sole discretion, and without your consent.
The laws of the State of California, exclusive of the choice
of law provisions, shall govern any claim relating to this
Website or your use of this Website and/or Search Engine.
Any legal action or proceeding concerning the Anoox Website
or Search Engine between you and Anoox shall be brought exclusively
in a federal or state court of competent jurisdiction located
in Charleston, SC.