Q4Search 1.3.7.3

EULA - End User License Agreement

Q For Search Ltd. Terms of Use
BY ENTERING OR USING Q4SEARCH.COM WEBSITE (THE ''WEBSITE'') AND DOWNLOADING OR USING Q4SEARCH
APPLICATION (THE "SOFTWARE"), YOU (THE ''USER'') ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE
(THE "TERMS"). IF YOU DO NOT AGREE TO BE SUBJECT TO ALL OF THESE TERMS OF USE, YOU ARE ADVISED NOT
TO ENTER OR USE THE WEBSITE OR THE SOFTWARE (COLLECTIVELY, THE ''SERVICES'').
1. Appropriateness of Information
The information or data provided by and through the Services may include objectionable or inappropriate material. By entering the
Website, by downloading the Software or using the Service you undertake full responsibility for determining whether the information
complies with your needs or sensitivities.
2. Services Availability
The Company does not warrant that the Services shall be provided properly or completely. If your access to the Services is suspended or
interrupted or a fault or defect occurs which prevents your access to the Services, the Company shall attempt to restore access to the
Services (to the extent determined solely by the Company in its discretion). The Company shall not be liable for the unavailability of the
Services. In addition, the Company reserves the right, in its sole discretion, at any time and without prior notice, to refuse Services access
to any individual, company, network, institution or other entity in violation of these Terms, or to cease providing the Services in whole or
in part.
3. Trademarks
The Company's logos and product and service names are trademarks or service marks of the Company (collectively, ''Marks'') or any of
its affiliates. The User agrees not to display or use, in any manner, any of the Company's Marks or copyrighted material without the
Company's prior written consent. Third party trademarks, service marks, logos and trade names appearing on any of the websites which
are part of the Services are the property of their respective owners.
4. Prohibited Uses
You expressly agree not to use the Services in a manner that is prohibited by any law or regulation, or to facilitate the violation of any
law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of
third parties, transmitting or uploading abusive, profane, libelous, slanderous, threatening or otherwise harassing material via the Service,
transmitting or uploading any viruses or other similar materials onto the Software or the Website, or reproducing, sending or distributing
to or through the Services any material protected by copyright, privacy or other proprietary right without first obtaining the written
permission of the owner thereof. You expressly agree not to damage, alter or modify the Services or any content thereof.
6. Monitoring of the Service
The Company may, in its discretion, monitor the Services and the use thereof by the User to determine compliance with these Terms and
to avoid, to the extent practicable, fraudulent, unlawful or abusive use of the Services, subject at all times to the disclaimers described in
Section 8 below. The Company may also intercept and disclose any content, record, use, data or information, to the extent necessary to
protect the Company's rights and fulfill its obligations (to the extent applicable), including without limitation, for mechanical or service
quality control or to comply with any law, regulation, or governmental request, all as determined by the Company and as permitted by
applicable law. The Company may also, in its discretion, review, edit, refuse to post or remove any material or information submitted or
transmitted to the Services. Notwithstanding the foregoing, the Company makes no commitment or promise, and is under no obligation
under these Terms, to monitor, review, screen, edit or otherwise control any information or material contributed by any third party.
7. Links
The Company is not responsible for the content on the Internet or World Wide Web pages that are contained in the Services. As a
convenience to our members, the Company provides links to many resources. The Company makes no representations as to the quality,
suitability, functionality or legality of any sites to which the Company may provide links, and the User hereby waives any claim the User
may have against the Company with respect to such sites.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE, THE SOFTWARE AND THE SERVICES IS AT YOUR OWN
RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESSED OR IMPLIED,
STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY,
PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY THE COMPANY. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. THE
COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT ANY INFORMATION OR DATA
RECEIVED ON OR THROUGH THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE
MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE COMPANY MAKES NO REPRESENTATIONS AS
TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH THE SERVICES FOR ANY
PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY,
STABILITY, COMPLETENESS OR CURRENTNESS. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE
INFORMATION RECEIVED ON OR THROUGH THE SERVICES WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR
MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE OR INAPPROPRIATE. THE INFORMATION AND
DATA DELIVERED BY OR RECEIVED FROM USERS ON OR THROUGH THE SERVICES IS NOT REVIEWED,
CONTROLLED OR EXAMINED BY THE COMPANY BEFORE IT APPEARS ON THE WEBSITE AND ON THE SOFTWARE.
THE COMPANY DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH
INFORMATION OR DATA. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF INFORMATION RECEIVED
FROM THE WEBSITE AND THE SOFTWARE AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE USE
OR MISUSE THEREOF (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
9. LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE TO ANY USER OR PARTY AFFECTED BY THE SERVICES FOR ANY DAMAGES
INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS), OR ANY OTHER
DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE
OF THE SERVICES, EVEN IF THE COMPANY ADVISED REGARDING THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN AGREEMENT, TORT, OR OTHERWISE. AS SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
10. Disclosures of Your Information
The Company does not give, sell, rent, share, or trade any identifiable personal information regarding our Users to any third party, with
the exception of third-party contractors and service providers who work with the Company to provide the Services and who are strictly
prohibited from later use of the information to which they may have access. The Company may share non-personal aggregate or
summary information regarding its Users with partners or other third parties. The Company may - and you authorize the Company
to - disclose personal information to local, state, or federal law enforcement officials when required to do so by public authorities or
when we believe in good faith that the law requires such disclosure. Please read the Company's Privacy Policy, for a detailed description
of The Company's privacy policy.
You acknowledge and agree that the Company may process information gathered from different Users visiting the Website or using the
Software and the Services for the purpose of building a profile of User interests and activities. Based on this profile, the Company and
third parties may send you advertisements, offers and content, and provide you with the full benefits of the Services. As the Company
aggregate this type of information about all of our members, the Company offer aggregated summaries to our advertisers and other
interested parties so that they can learn what products and services are most popular to consumers.
11. Term Termination
These Terms of Use are effective upon the User's entering or using the Website or downloading or using the Software or any use of the
Services and remain in effect unless changed by the Company. The Company may, at any time, terminate this Agreement and/or
terminate the User's access to any part or all of the Services without any advance notice. Termination of these Terms by the Company
shall be effective on the day that the Company gives notice of such termination to the User. The Company will be entitled to change or
discontinue any or all of the Services and/or any pricing (if any) relating to the Services at any time, or to modify these Terms at any
time.
12. Indemnity
At the Company's request, the User agrees to defend, indemnify and to hold harmless the Company, its licensors, officers, directors and
employees from any losses, claims and liabilities (including attorney's fees) which may arise from your use of the Services and/or
material obtained from or through any Services provided on the Website or on the Software, or from your breach of these rules. You
further agree that the Company is not responsible, and shall not be liable to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you. Furthermore, the Company is not
responsible for claims arising from the User's use of the Services or the User's breach of this Agreement, including, without limitation,
claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation,
harassment, invasion of privacy or fraud.
13. Support
The Company may from time to time revise or update its Services. Such updates and revisions may be supplied separately for a fee
according to the Company's then prevailing update prices, policies, terms and conditions. The Company is not obligated to make any
Services revisions or to supply them. The Company may from time to time offer special support programs. Licensee may purchase
support and maintenance from the Company according to the then prevailing the Company rates, terms and conditions.
Any additions or changes to the Services shall be governed by this Agreement, and may be governed by additional terms and conditions
supplied with such addition or change.
14. Software Pre-Requisites
You acknowledge that the use of the Software may require one or more compatible devices, internet access, and certain software, and
may require obtaining updates or upgrades from time to time. Because use of the Product involves hardware, software, and Internet
access, your ability to use the Software may be affected by the performance of these factors. You acknowledge and agree that such
system requirements, which may be changed from time to time, are your responsibility.
15. License Grant
By registering to the Services or by providing any other information on or through the Software or the Website, you grant the Company a
royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and
display the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed
without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses. Your license of any information
submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
16. Governing Law and Jurisdiction
The validity of these Terms, obligations and relations of the parties shall be construed and determined in accordance with the laws of the
State of Israel.
You acknowledge that any action or suit brought to enforce any right or remedy of these Terms shall be subject to the exclusive
jurisdiction and venue of the State of Israel.
17. Notices
Notices to the User may be made via either email or regular mail. The Company may also provide notices of changes to the Terms or
other matters by displaying notices or links to notices generally through the Website or the Software.
18. Receipt of Updates and Commercial Material
You agree to receive the Company's updated Software versions, commercial offers, advertisement material and news, and realize that
your consent to do so is essential to the Company's consent to grant you the license.