1. Introduction. This website (â€œSiteâ€Â) and the mobile application known as onseekerÂ® are owned by United Internet Resources, Ltd. d/b/a onseekerÂ® (â€œonseekerÂ®â€Â) and licensed to you for use on the following terms. Your use of this Site signifies your agreement to these terms and conditions (the â€œAgreementâ€Â).
2. Refusal & Termination of Service. onseekerÂ® reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.
3. Intellectual Property Rights. onseekerÂ® is the exclusive owner of all rights in and to the Site and Application and their content (except content submitted or owned by artists, authors, ministries, sport teams, radio, businesses or custom apps), including, without limitation, all copyrights, trademark rights and goodwill, trade secrets, patent rights and patent applications. You agree not to change or delete any proprietary notices embodied in or on the Site or Application. You agree not to reproduce, distribute, publicly perform, publicly display, prepare derivate works of, transmit, modify, reverse engineer, decompile the Site or Application or their components. onseekerÂ® is the exclusive owner of the ONSEEKERÂ® word and design marks and the sound mark that is performed when the Application is launched.
4. Copyright Infringement Claim Procedure. Pursuant to 17 U.S.C. Â§ 512, claims of copyright infringement must be submitted to the following designated agent for United Internet Resources, Ltd d/b/a onseekerÂ®: Henry (â€œHankâ€Â) J. Fasthoff, IV, Stumpf Farrimond PC, 1400 Post Oak Blvd., Suite 400, Houston, Texas 77056; 713.871.0919; firstname.lastname@example.org.
To be effective, the notification must be a written communication that includes the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
iii. A reasonably detailed description of where the alleged infringing material is located on this website;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5. Representations & Warranties. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site and Application. If you are between the ages of 13 and 17, inclusive, you must obtain consent from your parent or legal guardian and he/she must agree to be bound by the Agreement individually and as your legal representative. Users under the age of 13 are not permitted to use the Site or Application.
6. Governing Law, Jurisdiction, & Venue. This Agreement shall be deemed to have been entered into in Harris County, Texas and shall be governed by laws of the State of Texas and the United States of America without regard for conflicts of laws principles. You irrevocably agree that the state and federal courts situated in Harris County, Texas shall have sole and exclusive jurisdiction and venue over any and all disputes arising under or related to this Agreement and you hereby expressly consent to jurisdiction in Harris County, Texas and waive jurisdiction and venue in any other forum.
7. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS onseekerÂ®, ITS PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS; PAST, PRESENT AND FUTURE PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEYâ€™S FEES, AND ALL OTHER COSTS AND EXPENSES ARISING OUT OF OR RELATING TO YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT ALLEGED AGAINST YOU, AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THE SITE AND/OR APPLICATION. onseekerÂ® MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO AFFECT ONSEEKERâ€™â„¢ RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT ONSEEKERâ€™â„¢ PRIOR WRITTEN APPROVAL.
8. LIMITATION OF LIABILITY. THIS APPLICATION IS PROVIDED ON AN â€œAS ISâ€Â BASIS. YOU AGREE THAT onseekerÂ® SHALL NOT BE LIABLE FOR ANY DAMAGES OR INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO THE SITE AND/OR APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, AND/OR ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITATION, onseekerÂ® SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
9. DISCLAIMER OF WARRANTIES. THIS APPLICATION IS PROVIDED ON AN â€œAS ISâ€Â BASIS. onseekerÂ® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE. onseekerÂ® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Lawful Purpose. The uploading, transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of onseekerâ€™sâ„¢ Acceptable Use Policy (â€œAUPâ€Â) is strictly prohibited. Examples of information, data, or material that violate this AUP include unauthorized use of copyrighted works, trademarks, trade secrets, patents, or the dissemination of harmful or fraudulent content. Any conduct that constitutes harassment, impersonation, fraud, stalking, abuse, or a violation of export control laws, regulations or rules in connection with use of this Website is strictly prohibited. Using the Site or Application to perform, or solicit the performance of, any illegal activity is also strictly prohibited. In addition to the forgoing, the following uses are strictly prohibited:
â€¢ Posting or transmitting any business opportunities, advertising/promotional materials, or any other form of commercial solicitation;
â€¢ Spamming any email address that are uploaded to Site or Application;
â€¢ Reproducing, distributing, publicly performing, publicly displaying, preparing derivate works of, transmitting, modifying, reverse engineering, or decompiling
the Site or Application or their components;
â€¢ Including any hidden text in your postings; and
â€¢ Deleting or revising any material posted by any other person.
11. Information We Collect. We may collect information (including your name, postal addresses, billing address, telephone number, email address and, when necessary, credit card information) when you: submit your profile information; inquire about our services; create an account with us; subscribe to email; enter a contest or sweepstakes; are referred to us through a marketing promotion; participate in a marketing survey, promotion, or event. We maintain the data that you provide us, along with a record of your purchases, in a secure database. We gather information about how you use the Site and Application.
12. Using Information We Collect. We collect information that allows us to: provide the services you request; contact you about the status of any requests; send you promotional information; identify your preferences; customize our communications to you; provide information concerning products you have purchased; improve our customer service;
13. Information We Share with Others and Your Privacy Rights. We may share information about you with an affiliate. We also contract with service providers to maintain and manage our customer information, including credit card processing, shipping, name and address verification, email distribution, market research and promotions management. We provide these companies with only the information they need to perform their services and work with them to ensure that your privacy is respected and protected. We do not authorize any of these service providers to make any other use of your information. In addition, when we partner with another company to offer or provide products, services, contests or promotions, we may compare our customer list with theirs to identify our common customers. onseekerÂ®, its affiliates and its marketing partners may use that information to fulfill our respective obligations to you and for future promotional activities. onseekerÂ® may disclose information about you as required by law in response to legal process and law enforcement requests, and as necessary to protect the property, interests and rights of onseekerÂ® its affiliates, and others.
15. Links to Other Sites.The Site and Application contain links to websites owned and operated by third parties over whom we have no control. These sites operate independently of onseekerÂ® and have established their own privacy and security policies. We strongly encourage you to review the policies at any site you visit. onseekerÂ® is not responsible for the content or practices of any linked websites. email@example.com.
16. Privacy of Children on Our Web Site. The Children's Online Privacy Protection Act (â€œCOPPAâ€Â) and imposes certain requirements on services provides directed toward children under 13 that collect information on those children, or on providers that know they are collecting information on children under the age of 13. It is our policy not to collect personal information on any person under 13.