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Terms of ServiceWelcome to Dugoohoo! Before you join, please read the Terms: you must agree to the terms to be our member. These terms of service (the "Agreement") govern your use of the Dugoohoo.com website (the "Site"). By using the Site, you are agreeing to be bound by these terms. The terms "you," "your" or "User" shall refer to any individual or entity who accepts the terms and conditions of this Agreement by using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the services or functions offered in or by the Site and/or the contents of the Site in any way. The terms "Dugoohoo.com", "we," "us", or "our" shall refer to Dugoohoo.com and its subsidiaries, sister and parent companies (together the "Affiliates").Eligibility The Site is available only to Users that can form legally binding contracts under applicable law. The Site and the materials located on or through the Site are provided by us for informational purposes only. You agree and acknowledge that we make no representation or warranty as to such accuracy. Content Linked to by Dugoohoo.com The sites displayed as search results or linked to by Dugoohoo.com are developed by people over whom Dugoohoo.com exercises no control. The search results that appear from Dugoohoo.com's indices are indexed by Dugoohoo.com's automated machinery and computers, and Dugoohoo.com cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using Dugoohoo.com Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Dugoohoo.com search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by Dugoohoo.com Privacy Policy Click here to review the Dugoohoo.com Privacy Policy . Changes In Terms and Conditions and Dugoohoo.com Services We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Dugoohoo is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Dugoohoo provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Dugoohoo may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Dugoohoo’s sole discretion, without prior notice to you. Account Termination you acknowledge and agree that Dugoohoo may disable your account (permanently or temporarily) at Dugoohoo’s sole discretion and judgement of your violation of Dugoohoo TOS or harm to Dugoohoo. You acknowledge and agree that if Dugoohoo disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You may be required to provide accurate,correct and up to date information about yourself (such as identification or contact details) in the registration process for the Service. You agree that you will not engage in any activity that interferes with or disrupts Dugoohoo Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Dugoohoo has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Dugoohoo may suffer) of any such breach. You agree that you are solely responsible for (and that Dugoohoo has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Dugoohoo may suffer) by doing so. You agree that Dugoohoo Services may contain information which is designated confidential by Dugoohoo and that you shall not disclose such information without Dugoohoo’s prior written consent. Passwords and Security Certain Dugoohoo services require you to submit your user name (or nickname) and password to access. You are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you are fully responsible for all activities that occur under your password or account. You agree (a) to notify Dugoohoo immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. Dugoohoo cannot and will not be liable for any loss or damage arising from your failure to comply with this section. No Warranties with Respect to Your Contact With Advertisers Or Third Party Vendors Advertisers and third party vendors found on or through the Dugoohoo Services dealt by you, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Dugoohoo does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Dugoohoo has no control and which will govern your rights and obligations with respect to the use of those Web sites. You agree that Dugoohoo will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Sites. Content licence from you You agree that Dugoohoo are given from you a licence of the content you submit, post or display on or through Dugoohoo to perpetually, irrevocably, worldwidely, royalty-freely, and non-exclusively reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. You agree that Dugoohoo may make necessary changes to your Content to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You confirm and warrant to Dugoohoo that you have all the rights, power and authority necessary to grant the above licence of the content. Representations and Warranties Dugoohoo.com represents and warrants that it has full power and authority to enter into this Agreement. Advertiser
Affiliates are prohibited from monetizing domain names they do not own by all previously mentioned methods. Affiliates may not misrepresent their ownership of a domain name as being a different domain in any way. Affiliates may not beg, ask, entice, or incentivize End Users into clicking on our links. Affiliates may not mislead visitors into believing that he/she will receive anything, other than an internet search by clicking on a text link or search box or otherwise encourage End Users or other persons, either with or without their knowledge, to click on advertising results through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent, in the judgment of Dugoohoo Manager. Dugoohoo Manager reserves the right to terminate your account if it is idle for more than a month. Dugoohoo Manager will notify you 7 days in advance of such cancellation. Additional Restrictions. Affiliates shall not: (i) redirect an End User away from the Search Results Page, (ii) provide a version of the Search Results Page different from the page served to an End User by or as directed by Dugoohoo, (iii) cache, capture, or store any search results or intersperse any content between the Search Results Page and destination page which would result from a Click on a link on the Search Results Page, including, without limitation, content framing (framing of landers or framing of the search results is prohibited without prior written permission by Dugoohoo Manager for all Landing Pages or Search Results Pages or (iv) enter into any arrangement or agreement under which any third party pays Publisher fees or shares in any revenue payments and/or royalties for any search results displayed on the Publisher Site, except as permitted in these Terms of Service or (v) display graphical or text units in any form (including but not limited to pop-up, pop-under or exit windows, expanding buttons and animation) that block or otherwise inhibit the full and complete display to End Users of any Search Results Pages, landing Pages, and/or Web pages accessed by clicking on any part of a search result. YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. YOU AGREE AND ACKNOWLEDGE THAT WE SHALL NOT HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE. Indemnity User shall indemnify, defend, and hold harmless Dugoohoo.com, and its affiliates and their respective officers, directors, shareholders, employees, agents, and representatives (collectively, the "Indemnitees"), against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by the Indemnitees ("Losses"), known or unknown, contingent or otherwise, directly or indirectly arising from or related to this Agreement. Intellectual Property You understand and agree that all materials contained in the Site are Dugoohoo.com's copyrighted property and that Dugoohoo.com shall own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), relating to the Site (and any derivative works or enhancements thereof), including but not limited to, all software, technology, materials, guidelines, documentation, relating in any way to the Site. For purposes of the Agreement, "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide. No material from the Site or any Internet site owned, operated, licensed, or controlled by Dugoohoo.com of its Affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information without our prior express written consent. Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to Dugoohoo.com in the United States and other countries and may not be used by anyone for any purpose without our prior express written consent. We consider our trademarks to be valuable assets, and take infringement of them seriously. Attorney Fees In the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding. Miscellaneous Provisions User may not assign any of its rights or delegate any of its duties under this Agreement without our prior written consent. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations to be performed under the Agreement. This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assignees, and no other person or entity shall have or acquire any right by virtue of this Agreement. This Agreement shall be governed and interpreted by the laws of California. User is an independent contractor and in no way and under no circumstances that User should look to us for compensation and benefits as an employee. If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused. This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties under this Agreement. |
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