General
FindGo.com and, its subsidiaries and affiliates (collectively "
FindGo.com") provide you with access to this Web site and the
services available on this Web site, or other Web sites as
indicated below, (collectively, the "Services," which will be
defined more under the Section, "Services."). Access to and use of
the Services is governed by these Terms of Use (the "Agreement").
By accessing or using the Services, you indicate your assent to be
bound by the Agreement, and your acknowledgment of and agreement
to its terms.
Provided Services
The Services include but are not limited to FindGo Search (located
at www.FindGo.com) (the "Search Services"). The Services may also
be located on third party web sites and/or applications either as
a link from an add-on service to, or otherwise in connection with,
Web sites and/or applications that such third parties control. Our
Search Services enable you to search the World Wide Web for
anything that interests you. We may provide you with search
listings of advertisers of FindGo (as well as search listings
provided to FindGo by a third party to supplement the advertiser
listings) that help you find what you are looking for.
A little more detail:
The Services act as a system or
venue to introduce you to buyers and sellers of goods and services
and providers of information. FindGo.com uses reasonable efforts
to ensure the availability of the information and content,
including links, that it makes available through the Services.
However, some of the Services are composed of content not offered
by FindGo.com. FindGo.com does not control (i) the quality, safety
or legality of items available through or on its advertisers' Web
sites or sites of third parties not in party of contract with
FindGo.com, (ii) the truth or accuracy or legality of the content
from those advertisers or those third parties (even if such
content appears on the Services), or (iii) the availability or
technical capabilities of their Web sites or links to those Web
sites. FindGo.com is not liable or responsible for content
supplied by third parties, or for actions you might take in
reliance on that content.
Nothing contained in any of the
Services is an offer or promise to sell a specific product for a
specific price or that any advertiser will sell any product or
service for any purpose or price or on any specific terms.
FindGo.com does not guarantee the price, terms, product,
availability and/or services offered by any advertiser.
For all of the Services, FindGo.com
is not involved in any transactions between you and any of its
advertisers, and is not responsible for, and does not guarantee
the price or performance of any goods, services or information
provided by advertisers. If you have a dispute with one or more
advertisers, you agree to release and hereby release FindGo.com
(and FindGo.com's officers, directors, agents, subsidiaries,
affiliates, employees, successors, assigns, content providers and
service providers) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes.
Search Engine promotion
FindGo.com reserves the absolute right to refuse to list any sites
which it may, at its sole discretion, find unsuitable. FindGo.com
does not accept Websites that produce or provide adult content.
FindGo.com does not accept Websites that engage in, promote or
facilitate illegal or legally questionable activities such as
pirating and hacking. We also reserve the sole right to decide
which sites qualify as "FindGo" sites!
No refunds will be made to
users who deposit money in their account to promote unsuitable
sites! We will refuse to list any such sites. All monies deposited
shall however be retained by the promoter to be used to promote
acceptable content sites. Users who abusively try to manipulate
our system or use "fake" URLs to direct traffic to unacceptable
sites will be banned without refund. Be forewarned! Should you be
in doubt whether the content of your site is acceptable, please
contact us prior to depositing monies.
Affiliate program
FindGo.com offers FindGo webmaster
the possibility to add a FindGo.com search box to their site,
offering their visitors the chance to search
for millions of websites and pictures of stars, and get
credit for it!
FindGo.com reserves the absolute
right to refuse to affiliate with any Publisher. FindGo.com does
not accept Websites that produce or provide adult content. FindGo.com does not accept Websites that engage in, promote or
facilitate illegal or legally questionable activities such as
pirating and hacking. We also reserve the sole right to decide
which sites qualify as "FindGo" sites!
Webmasters who would like to take
advantage of our affiliate program must sign up for an account and
be accepted by the FindGo.com review team. If you own multiple
sites you must inform FindGo.com of exactly which sites you intend
on showing our search box on so that each site may be reviewed and
accepted. We reserve the sole right to credit or not to credit, at
our sole discretion, websites that have not been accepted by our
team of reviewers.
Affiliates will be credited a
percentage of the pay-per-click revenues generated from their
website. Only unique daily hits will qualify; i.e. when you send
our site a visitor from your site via our special linking
code.This program only tracks unique visitors. A unique visitor is
a person that has only been to our site once in a 24 hour period.
To maintain profitability and keep the click-thru program
effective for all, we monitor traffic conversion ratios.
Publishers may only use the search
box links provided. No deceptive links, no blind links, no forced
links, no meta-refreshing. No spamming. No email or newsgroup
selling (spamming) of surfers or webmasters. We must be able to
view the referring pages and links. If our links are not found on
your referring pages, or referrers are hidden by cgi, you may be
terminated.
By joining our affiliate program,
webmasters acknowledge having read and agreed to all of our Terms
of use and our Privacy Policy. We track IP addresses in order to
detect fraudulent misuse of our system and will terminate all
accounts which break the rules and will not pay any affiliate fees
to the breaching party.
Affiliates will receive credit in
their FindGo.com bid account (open
one here). FindGo.com may, at is sole option, decide to allow
affiliates to withdraw funds from their FindGo.com bidding account
when their FindGo.com bidding account has reached a certain amount
(which will not be inferior to USD 50.00). ONLY AFFILIATE EARNINGS
MAY BE WITHDRAWN (if FindGo.com so choses to allow such withdrawls).
No monnies that a user added to the bidding account by Paypal or
credit card for advertising will be refunded. to the paid solely
by Paypal. No other options (except for Paypal) shall be
available. Affiliates who are caught generating "fake" traffic or
abusing our affiliate program will have their account terminated
and no credit will be made! We use tracking methods to insure that
our system is not abused.
Only Personal Use is
Authorized
Under this Agreement, FindGo.com gives you permission to access
and use the Services for your personal use, and to copy,
distribute and transmit the content of the Services only to the
extent that such copying, distribution, and transmission is
automatically done through your browser software incidentally to
using the Services for your personal use. You may also print a
copy of the information displayed on the Services for your
personal use. That means, that except as set forth above, you may
not modify, reformat, copy, display, distribute, transmit,
publish, license, create derivative works from, transfer or sell
any information, products, or service obtained by your use of the
Services. This restriction means, among other things, that you may
not mirror on your own Web site any portion of the Services or
display through your own Web site any results pages or other
information from the Services without FindGo.com's express
permission.
The technology underlying, and
content within, the Services is owned by FindGo.com and/or its
licensors (including FindGo.com's advertisers and other content
providers) and is protected by copyright and other intellectual
property or proprietary rights. If you use the Services other than
as provided above, you may violate copyright and other laws of the
United States, other countries, as well as applicable state laws
and may be subject to penalties. That would not be a good thing.
As between you and FindGo.com, FindGo.com owns and retains all
ownership of the technology underlying and content within the
Services, and reserves all rights not explicitly granted to you in
this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
FindGo.com DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
FindGo.com Potential
Liability for the Services is Limited
NEITHER FindGo.com NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT
PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICES. FindGo.com WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB
SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION
CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO
SEARCH RESULTS. BECAUSE SOME LAWS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, THE
RESPECTIVE LIABILITY OF FindGo.com, ITS EMPLOYEES, AGENTS,
SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH LAW.
In notifying FindGo.com of alleged
copyright infringement, you must include the following
information: A description of the copyrighted work that is the
subject of claimed infringement A description of the infringing
material and information sufficient to permit FindGo.com to locate
the alleged material Contact information for you, including your
address, telephone number and/or email address A statement by you
that you have a good faith belief that the material in the manner
complained of is not authorized by the copyright owner, or its
agent, or by the operation of any law A statement by you, signed
under penalty of perjury, that the information in the notification
is accurate and that you have the authority to enforce the
copyrights that are claimed to be infringed A physical or
electronic signature of the copyright owner or a person authorized
to act on the owner's behalf
FindGo.com does not arbitrate or
resolve trademark disputes among FindGo.com advertisers or between
those advertisers and third parties. However, FindGo.com will
promptly comply with an order of a court of competent jurisdiction
concerning a trademark issue. FindGo.com occasionally receives
requests to remove listings from within the Services. FindGo.com
reserves the right to address such requests on a case-by-case
basis.
Objectionable Material
FindGo.com encourages you to use discretion when browsing the
Internet or using the Services. The Services may contain
information that you find objectionable, harmful, deceptive or
otherwise inappropriate, especially for children. To ensure you do
not receive offensive material, nevertheless, you must install
your own filtering software if you wish to limit the content
available through the Services.
If you come across any site that
you believe contains child pornography or other potentially
illegal material, please contact our Content Dept. and we will contact the authorities as appropriate.
Privacy and Data
Collection
FindGo.com does not collect personally identifying information
from users of the Services unless users have explicitly given such
information to FindGo.com (for example, when listing a site,
joining our affiliate program, becoming an advertiser or when
sending us an email with a question or as part of a contest).
FindGo.com information practices are further described in its
privacy policy. FindGo.com privacy policy is part of this
Agreement, and you agree that use of data as described in the
privacy policy is not an actionable breach of your privacy or
publicity rights. If you have entered into another agreement with
FindGo.com (such as an Affiliate Agreement or an Advertiser
Agreement), then you may be subject to additional or different
provisions regarding privacy and data collection. If you would
like more information, please read our privacy policy.
You should consider any
communication that you transmit to FindGo.com (such as data,
questions or answers, comments, or suggestions) as
non-confidential, and agree that FindGo.com will not be liable or
responsible if information that belongs to you is intercepted and
used by an unintended recipient.
Control over Features,
Functions, and Access to the Services
FindGo.com reserves the right to change any information, features
and functions of the Services without prior notice. FindGo.com may
deny you access to all or part of the Services without prior
notice if you engage in any conduct or activities that FindGo.com
determines, in its sole discretion, violate this Agreement, the
rights of FindGo.com or any third party, or is otherwise
inappropriate.
Choice of Law,
Jurisdiction, Waiver, and Claims
This Agreement shall be governed by the laws of Switzerland
and the competent jurisdiction shall be the ordinary courts of
Fribourg (la "Sarine") in the canton of Fribourg, Switzerland.
FindGo.com failure to exercise or enforce any right or provision
of the Agreement will not be deemed to be a waiver of such right
or provision. If any provision of this Agreement is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of this Agreement remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to use of the Services must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
Amendment
FindGo.com may amend this Agreement at any time by posting the
amended terms on its Web site. Except as stated below, all amended
terms are automatically effective 15 days after they are initially
posted. This Agreement may not be otherwise amended except in a
written document signed by you and FindGo.com.
Contacting Us
If you have any questions
about our site, this agreement, or our general procedures, please
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