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Accoona.com
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Accoona Home|Terms and Conditions
Terms and Conditions - Last Modified December 13, 2007

Introduction

This website (the "Site") is owned and operated by Accoona Corp. and subsidiaries (collectively, "ACCOONA"). ACCOONA provides its service to you subject to the following Terms of Service (the "TOS"). By using the ACCOONA website (the "Site"), you agree to be bound by the TOS. ACCOONA may, in its sole discretion, modify the TOS without notice to you. Therefore, please continue to review the TOS when using the Site. By continuing to access and use the Site after the TOS have been modified, you are agreeing to such modifications. In addition, when using particular ACCOONA services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

Description of Service

Using automated technology, the Site allows users to easily and efficiently search our data base and for websites containing information, products and services that they are interested in. The Site presents both premium and standard search results. The Site also provides other services such as newsletters. The Site and the services available to users of the Site may be referred to herein collectively as the "Service". Unless explicitly stated otherwise, any new features that augment or enhance the Service in the future shall be considered part of the Service and subject to the TOS.

Registration

You are not required to register for an account on the Site in order to perform searches on the Site. However, you may be required to register to take advantage of certain other features of the Site, such as subscribing to and receiving newsletters. If you choose to register on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information to ACCOONA that is untrue, inaccurate, not current or incomplete, or ACCOONA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ACCOONA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Any Registration Data and other information you provide to ACCOONA is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.accoona.com/legal/privacy_policy.jsp

Member Account and Password

At the current time, users are not required to use a password or obtain an account to use the Site. However, in the event that ACCOONA initiates such a system and you choose to register for an account with ACCOONA, you will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ACCOONA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ACCOONA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Restrictions on Use

The Site contains material which is derived in whole or in part from material supplied by ACCOONA and other sources. Any and all international copyright and trademark laws protect the material on this site. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software. You may not take the results from an ACCOONA search and reformat and display them, or mirror the ACCOONA home page or results pages on your website. You may not "meta-search" ACCOONA nor may you perform any form of automated query to the ACCOONA services. You may not send automated queries, including using any software which sends queries to ACCOONA to determine how a website or web page "ranks" on ACCOONA , of any sort to ACCOONA's system.

License to ACCOONA

By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Service, you are granting ACCOONA a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Links and Third Party Content

The Service acts as a system and venue to introduce you to a data base and the websites of providers of goods, services and information that interest you. As a result, the Service may provide links to websites or resources outside of the Site. ACCOONA may make reasonable efforts to ensure that the content, data, text, URLs, graphics or any other materials (collectively, the "Content") that are either provided to the Service by third parties (including those whose websites or resources are listed in the Service directories) or contained on such third party websites or resources meet ACCOONA's use guidelines, but we cannot guarantee the accuracy, integrity or quality of such Content. You understand that, by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

Because ACCOONA has no control over external sites and resources, you acknowledge and agree that ACCOONA is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources. You further acknowledge and agree that ACCOONA 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, advertising, goods, services or other materials on, available through or provided by any such site or resource. You agree that you must evaluate, and bear all risks associated with, the use of any such Content, advertising, goods, services or materials, including any reliance on the accuracy, completeness or usefulness thereof. You acknowledge that you may not rely on any Content created by ACCOONA or submitted to ACCOONA, including, without limitation, information in ACCOONA directories and in all other parts of the Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCOONA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ACCOONA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACCOONA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACCOONA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACCOONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

If you are dissatisfied with any ACCOONA material, or with any of ACCOONA's terms and conditions, your sole and exclusive remedy is to discontinue using ACCOONA.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Services Relating to Financial Matters

If you intend to receive or request any newsletters or other news, messages, alerts or information from the Service concerning companies, stock quotes, investments or securities, you understand and agree that the foregoing "Disclaimer of Warranties" and "Limitation of Liability" provisions apply, without limitation, to any such use of the Service. Any such newsletters, news, messages, alerts or information are provided through the Service on a "let the investor beware" basis, meaning that you assume all risk for any investment, trading or other decisions you make based on such information. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. ACCOONA shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

Requests for Removal of Links or Cached Materials

Because ACCOONA is built through the use of dynamic data generated by spidering the Internet and indexing websites, it is impossible for ACCOONA to guarantee that any web page will not be a part of the ACCOONA service. The only remedy to ensure that a web page is not part of the ACCOONA service is to not publish it in a publicly viewable directory.

Trademark Information

The following trademarks and service marks are owned or controlled by ACCOONA: AccoonaTM, SuperTarget Your SearchTM (the "ACCOONA Marks"). You agree not to use or display the ACCOONA marks for any purpose without ACCOONA's prior written consent.

Copyrights and Copyright Agents

ACCOONA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ACCOONA's Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. 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;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
ACCOONA's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:Copyright Agent
c/o ACCOONA Corp.
101 Hudson Street
Suite 3606
Jersey City, NJ 07302
By phone:1-201-557-9388
By email:copyright@accoona.com

Termination

This agreement is effective until terminated by ACCOONA, at any time without notice. In the event of termination the disclaimers and limitations of liabilities set forth in this agreement shall survive.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of ACCOONA, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ACCOONA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the ACCOONA service.

Governing Law

This agreement shall be exclusively governed by and construed in accordance with the laws of the State of New York within the United States of America without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. ACCOONA makes no representation that these Terms of Service comply with the laws of any other country. Visitors who use the Site, the search engine or any other services offered on the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Contacting Us

If you have any comments or questions regarding our Terms of Service, or wish to report any violation of the TOS, please contact us at info@accoona.com. We will address any issue to the best of our abilities as soon as possible.


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