| TheConejo.com's Terms of Service |
| 1. ACCEPTANCE OF TERMS The Terms of Service which follow, are
loosely based upon the Terms of Service provided by Yahoo! for the purpose
of following a very successful business model. TheConejo.com Search Engine!
Welcomes you. We provide our services to you subject to the following Terms
of Service ("TOS"), which may be updated by us from time to time without
notice to you. In addition, when using our owned or operated services,
you and TheConejo.com shall be subject to any posted guidelines or rules
applicable to such services. All such guidelines or rules (including but not
limited to our
Spam Policy) are hereby incorporated by reference into the TOS.
TheConejo.com may also offer other services that are governed by different
Terms of Service. For instance, different terms apply to web hosting and
listings on
Thousand Oaks Dining Guide,
Home-Connection
and TheConejo.org
which are also affiliated with TheConejo.com. 2. DESCRIPTION OF SERVICE TheConejo.com Search Engine! provides
users with access to a useful collection of resources, including various
communications tools, shopping services, search services, coupons,
personalized content and branded programming through its network of
properties which may be accessed through any various medium or device now
known or hereafter developed (Our "Service"). You also understand and agree
that Our Service may include advertisements and that these advertisements
are necessary for TheConejo.com Search Engine! to provide Our Service. You
also understand and agree that Our Service may include certain
communications from TheConejo.com Search Engine!, such as service
announcements, administrative messages and the TheConejo.com Search Engine!
Newsletter, and that these communications are considered part of
TheConejo.com Search Engine! membership and you will not be able to opt out
of receiving them. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new
TheConejo.com Search Engine! properties, shall be subject to the TOS. You
understand and agree that Our Service is provided "AS-IS" and that
TheConejo.com Search Engine! assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to Our
Service, and that access may involve third-party fees (such as Internet
service provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access Our Service. 3. YOUR MEMBERSHIP OBLIGATIONS In consideration of your use of Our
Services, you represent that you are of legal age to form a binding contract
and are not a person barred from receiving services under the laws of the
United States or other applicable jurisdiction. You also agree to: (a)
provide true, accurate, current and complete information about yourself as
prompted by Our Service's registration form (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 that is
untrue, inaccurate, not current or incomplete, or TheConejo.com Search
Engine! has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, TheConejo.com Search Engine! has the
right to suspend or terminate your account and refuse any and all current or
future use of Our Service (or any portion thereof). 4. TheConejo.com Search Engine! PRIVACY POLICY Registration Data and certain other
information about you is subject to our Privacy Policy. You understand that
through your use of Our Service you consent to the collection and use (as
set forth in the Privacy Policy) of this information, including the transfer
of this information to the United States and/or other countries for storage,
processing and use by TheConejo.com Search Engine! and its affiliates. 5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and
account designation upon completing Our Service'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 TheConejo.com
Search Engine! 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. TheConejo.com Search Engine! cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section. 6. MEMBER CONDUCT You understand that all information,
data, text, software, music, sound, photographs, graphics, video, messages,
tags, or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such
Content originated. This means that you, and not TheConejo.com Search
Engine!, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via Our Service. TheConejo.com
Search Engine! does not control the Content posted via Our Service and, as
such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using Our Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will
TheConejo.com Search Engine! be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or
any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via Our
Service. You agree to not use Our Service to:
You acknowledge that TheConejo.com Search
Engine! may or may not pre-screen Content, but that TheConejo.com Search
Engine! and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or move any Content that is
available via Our Service. Without limiting the foregoing, TheConejo.com
Search Engine! and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on any
Content created by TheConejo.com Search Engine! or submitted to
TheConejo.com Search Engine!, including without limitation information in
TheConejo.com Search Engine! Message Boards or Advertisements and in all
other parts of Our Service. You acknowledge, consent and agree that
TheConejo.com Search Engine! may access, preserve and disclose your account
information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property or
personal safety of TheConejo.com Search Engine!, its users and the public. You understand that the technical
processing and transmission of Our Service, including your Content, may
involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. You understand that Our Service and
software embodied within Our Service may include security components that
permit digital materials to be protected, and that use of these materials is
subject to usage rules set by TheConejo.com Search Engine! and/or content
providers who provide content to Our Service. You may not attempt to
override or circumvent any of the usage rules embedded into Our Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on Our Service, in whole or in part, is
strictly prohibited. 7. INTERSTATE NATURE OF COMMUNICATIONS ON
TheConejo.com Search Engine! NETWORK 8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the
Internet, you agree to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from
the United States or the country in which you reside. 9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON Our Service TheConejo.com Search Engine! does not
claim ownership of Content you submit or make available for inclusion on Our
Service. However, with respect to Content you submit or make available for
inclusion on publicly accessible areas of Our Service, you grant
TheConejo.com Search Engine! the following worldwide, royalty-free and
non-exclusive license(s), as applicable:
"Publicly accessible" areas of Our Service
are those areas of the TheConejo.com Search Engine! network of properties
that are intended by TheConejo.com Search Engine! to be available to the
general public. By way of example, publicly accessible areas of Our Service
would include Photos and Images that are open to both members and visitors.
However, publicly accessible areas of Our Service would not include portions
of TheConejo.com Search Engine! Groups that are limited to members,
TheConejo.com Search Engine! services intended for private communication
such as TheConejo.com Search Engine! Mail or areas off of the TheConejo.com
Search Engine! network of properties such as portions of World Wide Web
sites that are accessible via hypertext or other links but are not hosted or
served by TheConejo.com Search Engine!. 10. INDEMNITY You agree to indemnify and hold
TheConejo.com Search Engine! and its subsidiaries, affiliates, officers,
agents, employees, partners and licensors harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise make
available through Our Service, your use of Our Service, your connection to
Our Service, your violation of the TOS, or your violation of any rights of
another. 11. NO RESALE OF SERVICE You agree not to reproduce,
duplicate, copy, sell, trade, resell or exploit for any commercial purposes,
any portion of Our Service (including your TheConejo.com Search Engine! ID),
use of Our Service, or access to Our Service. 12. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that TheConejo.com
Search Engine! may establish general practices and limits concerning use of
Our Service, including without limitation the maximum number of days that
email messages, message board postings or other uploaded Content will be
retained by Our Service, the maximum number of email messages that may be
sent from or received by an account on Our Service, the maximum size of any
email message that may be sent from or received by an account on Our
Service, the maximum disk space that will be allotted on TheConejo.com
Search Engine!'s servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access Our Service in a given
period of time. You agree that TheConejo.com Search Engine! has no
responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted
by Our Service. You acknowledge that TheConejo.com Search Engine! reserves
the right to log off accounts that are inactive for an extended period of
time. You further acknowledge that TheConejo.com Search Engine! reserves the
right to modify these general practices and limits from time to time. 13. MODIFICATIONS TO SERVICE TheConejo.com Search Engine! reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, Our Service (or any part thereof) with or
without notice. You agree that TheConejo.com Search Engine! shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of Our Service. 14. TERMINATION You agree that TheConejo.com Search
Engine! may, under certain circumstances and without prior notice,
immediately terminate your TheConejo.com Search Engine! account, any
associated email address, and access to Our Service. Cause for such
termination shall include, but not be limited to, (a) breaches or violations
of the TOS or other incorporated agreements or guidelines, (b) requests by
law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material
modification to Our Service (or any part thereof), (e) unexpected technical
or security issues or problems, (f) extended periods of inactivity, (g)
engagement by you in fraudulent or illegal activities, and/or (h) nonpayment
of any fees owed by you in connection with Our Services. Termination of your
TheConejo.com Search Engine! account includes (a) removal of access to all
offerings within Our Service, including but not limited to TheConejo.com
Search Engine! Mail, Greetings, and Alerts, (b) deletion of your password
and all related information, files and content associated with or inside
your account (or any part thereof), and (c) barring of further use of Our
Service. Further, you agree that all terminations for cause shall be made in
TheConejo.com Search Engine!'s sole discretion and that TheConejo.com Search
Engine! shall not be liable to you or any third party for any termination of
your account, any associated email address, or access to Our Service. 15. DEALINGS WITH ADVERTISERS Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through Our
Service, 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
TheConejo.com Search Engine! 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 Our Service. 16. LINKS Our Service may provide, or third
parties may provide, links to other World Wide Web sites or resources.
Because TheConejo.com Search Engine! has no control over such sites and
resources, you acknowledge and agree that TheConejo.com Search Engine! 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. You further acknowledge and agree that TheConejo.com Search
Engine! 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 or
through any such site or resource. 17. TheConejo.com Search Engine!'s PROPRIETARY
RIGHTS You acknowledge and agree that Our
Service and any necessary software used in connection with Our Service
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through Our Service or by advertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by TheConejo.com
Search Engine! or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on Our Service or the
Software, in whole or in part. TheConejo.com Search Engine! grants
you a personal, non-transferable and non-exclusive right and license to use
the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative
work from, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, nor to use modified versions
of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to Our Service. You agree not to access Our Service by
any means other than through the interface that is provided by TheConejo.com
Search Engine! for use in accessing Our Service. 18. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
19. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE
THAT TheConejo.com Search Engine! AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO
YOU 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
TheConejo.com Search Engine! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE Our 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 Our Service; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON Our Service; OR (v) ANY OTHER
MATTER RELATING TO Our Service. 20. 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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. 21. SPECIAL ADMONITION FOR SERVICES RELATING TO
FINANCIAL MATTERS If you intend to create or join any
service, receive or request any news, messages, alerts or other information
from Our Service concerning companies, stock quotes, investments or
securities, please read the above Sections 18 and 19 again. They go doubly
for you. In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. Our Service is provided for informational
purposes only, and no Content included in Our Service is intended for
trading or investing purposes. TheConejo.com Search Engine! and its
licensors shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via Our
Service, and shall not be responsible or liable for any trading or
investment decisions based on such information. 22. NO THIRD-PARTY BENEFICIARIES You agree that, except as otherwise
expressly provided in this TOS, there shall be no third-party beneficiaries
to this agreement. 23. NOTICE TheConejo.com Search Engine! may
provide you with notices, including those regarding changes to the TOS, by
email, regular mail or postings on Our Service. 24. TRADEMARK INFORMATION The TheConejo.com Search Engine!,
TheConejo.com Search Engine! logo and product and service names are
trademarks of TheConejo.com Search Engine! Inc. (the "TheConejo.com Search
Engine! Marks"). Without TheConejo.com Search Engine!'s prior permission,
you agree not to display or use in any manner the TheConejo.com Search
Engine! Marks. 25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT TheConejo.com Search Engine! respects
the intellectual property of others, and we ask our users to do the same.
TheConejo.com Search Engine! may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. 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 TheConejo.com Search Engine!'s
Copyright Agent the following information:
26. GENERAL INFORMATION Entire Agreement. The TOS constitutes the
entire agreement between you and TheConejo.com Search Engine! and governs
your use of Our Service, superseding any prior agreements between you and
TheConejo.com Search Engine! with respect to Our Service. You also may be
subject to additional terms and conditions that may apply when you use or
purchase certain other TheConejo.com Search Engine! services, affiliate
services, third-party content or third-party software. Choice of Law and Forum. The TOS and the
relationship between you and TheConejo.com Search Engine! shall be governed
by the laws of the State of California without regard to its conflict of law
provisions. You and TheConejo.com Search Engine! agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of Santa Clara, California. Waiver and Severability of Terms. The
failure of TheConejo.com Search Engine! to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS 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 the TOS remain in full force and
effect. No Right of Survivorship and
Non-Transferability. You agree that your TheConejo.com Search Engine!
account is non-transferable and any rights to your TheConejo.com Search
Engine! ID or contents within your account terminate upon your death. Upon
receipt of a copy of a death certificate, your account may be terminated and
all contents therein permanently deleted. Statute of Limitations. 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 Our Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in the TOS are for
convenience only and have no legal or contractual effect. 27. VIOLATIONS Please report any violations of the TOS to our Customer Care group. |