Terms of Use
These terms of use
apply to FamousSearch.com website, product and associated plugin.
PLEASE READ THIS
LICENSE AND TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING
AND USING OUR PRODUCT. WHEN YOU USE OUR WEBSITE, PRODUCT OR PLUGIN, YOU ARE
BOUND BY THIS LICENSE TERMS OF USE AND THE PRIVACY POLICY.
Acceptance of terms
THIS LICENSE AND
TERMS OF USE AND THE PRIVACY POLICY (TOGETHER, THIS "AGREEMENT")
GOVERN YOUR USE OF OUR WEBSITE, PRODUCT AND PLUGIN. You may not use the product
if (a) you are not of legal age to form a binding contract with us, or (b) you
are a person barred from receiving or using the Plugin under the laws of the
United States or other countries, including the country in which you are
resident or from which you use the product.
Any person who wishes
to use our website and product must agree to this Agreement, as well as all
policies and guidelines incorporated by reference in this Agreement. This
Agreement is a legally binding agreement between you and FamousSearch.com.
BY DOWNLOADING,
INSTALLING OR USING OUR PRODUCT OR PLUGIN, YOU AGREE TO BE BOUND BY ALL TERMS
AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED
BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE
BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE OR
DOWNLOAD THE PRODUCT.
Software License
The proprietary
software associated with the Product and Plugin, including any enhancements or
modifications thereto and any related documentation, is a copyrighted work.
Subject to your compliance with all of the terms and conditions of this
Agreement, and in consideration of your promises reflected in this Agreement, FamousSearch.com
grants to you a limited, personal, nonexclusive, revocable, non assignable, non
transferable license to download, install, and use the Plugin to and on a
single computer and to use the Plugin solely as permitted under this Agreement.
All rights not expressly granted to you by the foregoing sentence are reserved
by FamousSearch.com. Without limiting the generality of the foregoing, you may
not copy, modify, distribute or reverse engineer, decompile or disassemble, or
make any derivative works based on the Product. Any unauthorized use terminates
the permission or license granted by FamousSearch.com in this paragraph.
You agree not to
access (or attempt to access) the Plugin or any Internet service it interacts
with by any means other than through the interface that is provided by FamousSearch.com,
unless you have been specifically allowed to do so in a separate agreement with
FamousSearch.com. You specifically agree not to access (or attempt to access)
the Plugin any Internet service it interacts with through any automated means
(including use of scripts, spiders or web crawlers) and shall ensure that you
comply with the instructions set out in any robots.txt file present on or in
connection with the Product. You agree that you will not engage in any activity
that interferes with or disrupts FamousSearch.com's
provision of the Plugin (or the servers and networks which are used in
providing the Plugin).
The Product may be
used only for lawful purposes and in a lawful manner. By downloading,
installing, or using the Product, you agree to comply with all applicable laws
and regulations and respect all applicable third-party rights. Without limiting
the foregoing, you may not use the Product to infringe or misappropriate any
copyright, trademark or other proprietary right; in a manner that is likely to
cause confusion about the affiliation, sponsorship, endorsement or origin of
any person, content, product, services or Internet property; engage in
fraudulent, misleading or deceptive behavior; make any misrepresentations;
misappropriate, damage, disrupt, gain unauthorized access to, or interfere with
the use of third-party computers, networks, systems or data; or violate any
terms of use, acceptable use policies or community guidelines of third-party
websites or other Internet properties. FamousSearch.com has the right, but not
the obligation, to monitor any activity and content associated with the
Product. FamousSearch.com may investigate any reported violation of its
policies or this Agreement and take any action it deems appropriate, including
terminating your access to the Plugin without notice. FamousSearch.com may
report any activity it suspects violates any law or regulation to appropriate
law enforcement officials, regulators, or other third parties. To cooperate
with governmental requests; to protect FamousSearch.com's
systems, users or third parties; to ensure the integrity and operation of FamousSearch.com's business and systems; or in response to
subpoenas, court orders, or legal requirements, FamousSearch.com may access and
disclose any information it considers necessary or appropriate, including user
contact details, IP addressing and traffic information, posted content, and Web
usage paths. By downloading, installing, or using the Product, you expressly
consent to the foregoing use and disclosure.
Termination
FamousSearch.com may
at any time, with or without notice, terminate the Agreement or block or
disable your access or use of the Product or Plugin if:
Software Updates
The Product and
Plugin may automatically download and install updates from time to time from FamousSearch.com.
These updates are designed to improve, enhance and further develop the Product
and may take the form of bug fixes, enhanced functions, new software modules
and completely new versions. You agree to receive such updates (and permit FamousSearch.com
to deliver these to you) as part of your use of the Product and Plugin.
Limitation of liability
YOU UNDERSTAND AND
AGREE THAT THE WEBSITE, PRODUCT AND PLUGIN ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCT
IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE
LAW, FAMOUSSEARCH.COM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND
IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER FAMOUSSEARCH.COM NOR ANY OF ITS
AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, FAMOUSSEARCH.COMS, EMPLOYEES
OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE
PRODUCT, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE,
COMPLETE, RELIABLE, OR ERROR-FREE; (ii) THAT THE PRODUCT WILL ALWAYS BE
AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT
ANY DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT WILL BE FREE FROM VIRUSES,
"WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv)
THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW,
RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE
PRODUCT; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE; AND (vi) THAT THE PRODUCT IS NONINFRINGING. FAMOUSSEARCH.COM AND ITS
AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE FAMOUSSEARCH.COM
AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS,
OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE
PRODUCT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR
IMPUTED) OF FAMOUSSEARCH.COM OR ANY OF ITS AFFILIATES. YOU ACKNOWLEDGE AND
AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED
THROUGH OR IN CONNECTION WITH THE USE OF THE PRODUCT IS DONE 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,
INSTALLATION OR USE OF SUCH SOFTWARE AND/OR CONTENT. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM
JURISDICTION TO JURISDICTION.
IN NO EVENT WILL FAMOUSSEARCH.COM,
OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, MEMBERS, ADVERTISERS,
INFORMATION PROVIDERS OR FAMOUSSEARCH.COMS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF
THE FORM OF ACTION), OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS
OPPORTUNITIES, DATA OR USE OF SYSTEMS, ARISING OUT OF (i)
USE OF THE PRODUCT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE
CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, DEFECTS, MALFUNCTIONS,
ERRORS OR OMISSIONS IN, ANY INFORMATION, CONTENT OR SOFTWARE ACCESSED VIA THE
PRODUCT, OR (ii) ANY USE OR INABILITY TO USE THE PRODUCT FOR WHATEVER REASON,
INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH
TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE PRODUCT. SOME
JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT
APPLY TO YOU.
If any provisions of
this Agreement shall be deemed unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and conditions
and shall not affect the validity and enforceability of any remaining
provisions.
FamousSearch.com's failure to enforce the strict
performance of any provision of this Agreement will not constitute a waiver of FamousSearch.com's right to subsequently enforce such
provisions or any other provisions of this Agreement. No waiver of any
provision of this Agreement shall be effective unless in writing.
You agree to defend,
indemnify, and hold harmless FamousSearch.com and its affiliates, and each of
their officers, directors, employees, agents, representatives, members,
partners, advertisers, information providers and FamousSearch.coms,
from any claims, costs, losses, damages, judgments and expenses, including but
not limited to reasonable attorney's fees, relating to or arising out of any
breach of this Agreement or any use of the Plugin by you, or by any other
person using the Plugin through you or using your computer.
Applicable Law, Jurisdiction and venue, Class actions
By using the Website,
Product or Plugin, you agree that this Agreement will be governed by and
construed in accordance with the laws of the British Virgin
islands, without giving effect to any principles of conflicts of laws.
Any dispute relating in any way to the Plugin or this Agreement shall be
adjudicated in the courts of the British Virgin islands.
You consent to exclusive jurisdiction and venue in such courts and irrevocably
waive all claims and arguments relating to lack of personal jurisdiction or inconvenient
forum. Notwithstanding this, you agree that FamousSearch.com shall still be
allowed to apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction.
To the extent
permitted by APPLICABLE law, YOU agree that YOU will not bring, join or
participate in any class action lawsuit as to any claim, dispute or controversy
that YOU MAY HAVE AGAINST FAMOUSSEARCH.COM, its affiliates or ITS OR their
respective employees, officers, directors, members, managers, PARTNERS, advertisers,
representatives and assigns. YOU AGREE to the entry of injunctive relief to
stop such a lawsuit or to remove YOU as a participant in the suit. YOU AGREE to
pay the attorney's fees and court costs that FAMOUSSEARCH.COM incurs in seeking
such relief. This provision preventing YOU from bringing, joining or
participating in class action lawsuits is an independent agreement and does not
constitute a waiver of any of YOUR rights and remedies to pursue a claim
individually and not as a class action.
Changes to this agreement
FamousSearch.com may
change any of the terms and conditions contained in this Agreement, including
the Privacy Policy and other policies and guidelines governing the Plugin, at
any time in its sole discretion. CHANGES TO THIS AGREEMENT WILL BE POSTED HERE
WHEN THEY BECOME EFFECTIVE. YOU ARE RESPONSIBLE FOR REVIEWING THE NOTICE AND
ANY APPLICABLE CHANGES. When we post changes to this LICENSE AND TERMS OF USE
OR THE PRIVACY POLICY, we will revise the "last updated" date at the
top of this LICENSE AND TERMS OF USE OR PRIVACY POLICY, AS APPLICABLE.
Accordingly, you should periodically check the "last updated" date at
the top of THIS LICENSE AND TERMS OF USE OR Privacy Policy, AS APPLICABLE, so
that you can familiarize yourself with any changes.
YOU AGREE THAT YOUR
CONTINUED USE OF THE WEBSITE, PRODUCT OR PLUGIN FOLLOWING THE POSTING OF ANY
CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE
YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS
AGREEMENT, STOP USING THE PLUGIN AFTER THE EFFECTIVE DATE OF SUCH CHANGES AND
UNINSTALL THE PRODUCT.
We are constantly
innovating in order to provide the best possible experience for our users. You
acknowledge and agree that the form, features or nature of the website, product
or plugin which FamousSearch.com provides may change from time to time without
prior notice to you. We may also cease or discontinue providing the product or
upgrades at any time.
For details about our
data collection and data use practices, please see our Privacy Policy. As
explained in the Privacy Policy, we may collect and store information from your
web sessions which may be used to display targeted advertising. To uninstall
the Product, please follow the instructions found on the uninstall page.