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** USAGE OF SEARCH ENGINE EQUALS ACKNOWLEDGMENT AND ACCEPTANCE OF
TERMS OF SERVICE
The eSpew.com Service ("Service"), owned and operated by eSpew Ltd, is
provided to you under the terms and conditions of this eSpew.com Terms of
Service (STS) and any operating rules or policies that may be published by
eSpew.com. The STS comprises the entire agreement between User and eSpew.com
and supersedes all prior agreements between the parties regarding the subject
matter contained herein.
As a condition of your use of this web site, you warrant to eSpew.com that you
will not use this web site, or any of the content obtained from this web site,
for any purpose that is unlawful or prohibited by these terms. If you violate
any of these Terms of Use, your permission to use the web site automatically
terminates.
Ceasing use of the eSpew.com Service is your sole right and remedy with
respect to any dispute with eSpew.com.
1. DESCRIPTION OF SERVICE
eSpew.com's search technology produces search results that reference media
content and content information located worldwide throughout the Internet.
Because we have no control over such content and content information, we make no
guarantee as to such content and content information, including the accuracy,
currency, content or quality of any such content and content information and we
assume no responsibility as to whether the search locates unintended or
objectionable content.
The eSpew service is FREE to all users of the internet. eSpew.com does not
allow other business to use or resell our service unless they are expressly
listed as customers or partners.
2. MODIFICATIONS TO TERMS OF SERVICE
eSpew.com may change the terms and conditions of the STS from time to time.
Your failure to abide by the modified STS may result in termination of your
eSpew.com Service.
User's continued use of the Service constitutes: (1) an acknowledgment by User
of the STS and its modifications; and (2) an agreement by User to abide and be
bound by the STS and its modifications.
3. MODIFICATIONS TO SERVICE
eSpew.com reserves the right to modify or discontinue the Service with or
without notice to User. eSpew.com shall not be liable to User or any third
party should eSpew.com exercise its right to modify or discontinue the
Service.
4. PRIVACY POLICY
To see eSpew.com's full privacy policy, click here.
5. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
eSpew.com assumes
no responsibility for the timeliness, deletion, misdelivery or failure to store
any User's personalization settings.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF eSpew.COM'S SERVICES ARE AT
YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF eSpew.com'S SERVICES IS AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON OUR SITES, eSpew.COM DISCLAIMS ALL WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE AND
IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF eSpew.COM'S SERVICES, REGARDING THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH eSpew.COM'S SERVICES,
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH eSpew.COM'S
SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH eSpew.COM'S SERVICES
OR THAT eSpew.COM'S SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
The links to third party sites on this web site are for your convenience only,
and the inclusion of such links within this web site does not imply any
endorsement, guarantee, warranty or representation by eSpew.com.
eSpew.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
eSpew.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
eSpew.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM eSpew.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY
eSpew.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE
SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF
eSpew.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
7. NO RESALE OR COMMERCIAL USE OF THE SERVICE
User agrees not to resell the Service. Commercial use of the Service that is
compliant with this Terms of Service agreement is permitted.
8. OTHER LIMITATIONS
eSpew.com retains the right, at eSpew.com's sole discretion, to determine
whether or not User's conduct is consistent with the letter and spirit of the
STS and may terminate Service, without warning, if a User's conduct is found to
be inconsistent with the STS. eSpew has the right to discontinue
service, without warning and without any specific reason.
9. USER CONDUCT
User's use of the Service is subject to all applicable local, state, national
and international laws and regulations.
eSpew.com requests that minors do not submit or post any information to the
site without a parent or guardian's consent. However, eSpew.com will not
request or knowingly collect from a minor any information online that can be
traced to the minor, such as an e-mail address, name, or information about the
minor's family. Unless a parent or guardian consents to such use in advance,
eSpew.com will not knowingly use information that a minor provides to
eSpew.com for any marketing, selling or promotional purposes. Ultimately, it
shall be the parent or guardian's responsibility for the acts and actions of the
minor with respect to the use of the service.
User shall not interfere with another User's use and enjoyment of the Service or
another entity's use and enjoyment of similar services.
eSpew.com may, at its sole discretion, immediately terminate Service should
User's conduct fail to conform to these terms and conditions of the STS.
10. INDEMNIFICATION
User agrees to indemnify and hold eSpew.com, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
User's use of the Service, the violation of this STS by User, or the
infringement by User, or other user of the Service using User's computer, of any
intellectual property or other right of any person or entity.
11. TERMINATION
eSpew.com reserves the right to terminate the Service with or without cause at
any time and effective immediately. eSpew.com shall not be liable to User or
any third party for termination of Service.
Should User object to any terms and conditions of the STS or any subsequent
modifications thereto or become dissatisfied with the Service in any way, User's
only recourse is to immediately: (1) discontinue use of the Service; (2)
terminate Service Usership.
Upon termination of the Service, User's right to use the Service immediately
ceases. User shall have no right and eSpew.com will have no obligation
thereafter.
12. NOTICE
All notices to a party shall be in writing and shall be made either via e-mail
or conventional mail. eSpew.com may broadcast notices or messages through the
Service to inform User of changes to the STS, the Service, or other matters of
importance; such broadcasts shall constitute notice to User.
13. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
User may enter into correspondence with or participate in promotions of the
Advertisers showing their products on the Service. Any such correspondence or
promotions, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between the corresponding User and
the Advertiser. eSpew.com assumes no liability, obligation or responsibility
for any part of any such correspondence or promotion.
14. PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, including but not limited to text, software,
music, sound, photographs, video, graphics, name references or other material
contained in either sponsor advertisements search results, provided to or
accessed by User via the Service ("Content") by eSpew.com or eSpew.com's
Advertisers, is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws; therefore, User is only permitted to use this
Content as expressly authorized by the Service or the Advertiser. User may not
copy, reproduce, distribute, or create derivative works from this Content
without expressly being authorized to do so by the Service or the Advertiser.
15. LINKS
eSpew.com may provide, or Users may include in e-mail, links to other Web
sites or resources. User acknowledges and agrees that eSpew.com is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. User
agrees that eSpew.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on such external sites or resources.
16. LAWS
The STS shall be governed by and construed in accordance with the laws of
Israel. User and eSpew.com agree to submit to the exclusive jurisdiction of
the district courts of Tel Aviv, located in the State of Israel.
If any provision(s) of the STS is held by a court of competent jurisdiction to
be contrary to law, then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect.
eSpew.com's failure to exercise or enforce any right or provision of the STS
shall not constitute a waiver of such right or provision unless acknowledged and
agreed to by eSpew.com in writing.
User and eSpew.com agree that any cause of action arising out of or related to
this Service must commence within one (1) month after the cause of action arose;
otherwise, such cause of action is permanently barred.
Some jurisdictions may prohibit the shortening of the time period in which a
cause of action must be brought. In all such jurisdictions, the applicable time
period shall be the minimum allowed by law.
The section titles in the STS are solely used for the convenience of the parties
and have no legal or contractual significance.