End user agreement for 1-Click Answers
1. ACCEPTANCE OF TERMS
Answers provides its Content to you, subject to the following TOU, which may be updated by us from time to time without notice to you. Each time you use Answers Content and/or Software, you reaffirm your acceptance of the then-current TOU. If you do not wish to be bound by these TOU, you may discontinue your use of the Content and/or Software. In addition, when using particular Answers owned or operated Contents, you shall be subject to any posted guidelines or rules applicable to such Contents that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
2. DESCRIPTION OF CONTENT
Answers currently provides users with access to a rich collection of resources, including but not limited to, Dictionaries, Encyclopedias, Atlases, Glossaries, Thesauruses and other reference works, through its network of properties (the "Content") and any necessary software used in connection with the Content ("Software"). You also understand and agree that in addition to the Content, Answers may include advertisements and that these advertisements are necessary for Answers to provide the Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Content, including the release of new Answers properties, shall be subject to the TOU. You understand and agree that the Content is provided "AS-IS" and that Answers assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In addition, you must provide and are responsible for all computer and communications equipment necessary to access the Content.
3. USE OF CONTENT
You are only permitted view and/or browse the Content, and/or make limited copies of portions of the Content as fall within the "fair use" provisions of the United States Copyright Act, provided all such uses are for noncommercial personal purposes. Except as otherwise expressly permitted in this Agreement, you may not: (i) modify or create any derivative works of the Content or documentation, including without limitation, translation, customization or localization; (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Content; or (iii) publish any results of benchmark tests run on the Content. Furthermore, you may not use the Content in any manner that could damage, disable, overburden, or impair the Content (e.g., you may not use the Content in an automated manner), nor may you use the Content in any manner that could interfere with any other party's use and enjoyment of the Content. You are not permitted to retrieve and store in electronic or any other form any of the databases underlying the Content that is accessed through our Web Site or Software. All commercial and/or unauthorized use of the Content of any kind, including reproduction of any kind for a commercial purpose of any kind, direct or indirect, is strictly prohibited. The Content, the Web Site and the Software remain solely the property of Answers or of Answers Content providers at all times, and their use is subject to copyright as defined in our copyright statement that may be found at here.
5. MODIFICATIONS TO CONTENT
Answers reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Content (or any part thereof) with or without notice. You agree that Answers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Content.
6. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Content, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Answers 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 the Content.
The Content may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Answers has no control over such sites and resources, you acknowledge and agree that Answers 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 Answers 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 products available on or through any such site or resource.
8. ANSWERS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Content and Software contain proprietary and confidential information that is protected by applicable Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. The Content and all intellectual property rights therein and related thereto are and shall remain the sole and exclusive property of Answers and/or its licensors or suppliers Answers grants you a personal, non-transferable and non-exclusive right and license to view the website pages through a web browsers, and to use the object code of its Software, delivered through a publicly available software installer file, on a single computer or a reasonable number of computers in a single household; provided that you do not (and do not allow any third party to) copy, modify, adapt, translate, create a derivative work from, decompile, 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, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Content. You agree not to access the Content by any means other than through the interface that is provided by Answers for use in accessing the Content. You also agree to not remove, obscure, or alter Answers or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: ACCESS TO THE CONTENT AND USE OF THE WEB SITE AND SOFTWARE IS AT YOUR OWN RISK. WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE CONTENT. THE CONTENT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE CONTENT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. ANSWERS MAKES NO WARRANTY THAT (i) THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, CONTENTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CONTENT WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. WE DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY, OR SUITABILITY OF ANY CONTENT. THE CONTENT MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE CONTENT. YOU SHOULD NOT USE THE CONTENT FOR EMERGENCY PURPOSES OR TO SEEK OR PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL, PSYCHOLOGICAL OR OTHER PROBLEMS OR DIFFICULTIES, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL CONSULTATIONS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE CONTENT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
10. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE CONTENT THAT IS ACCESSED THROUGH THE SOFTWARE OR THE WEB SITE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE CONTENT. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE CONTENT. IMMEDIATELY DISCONTINUE USE OF THE CONTENT AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE CONTENT -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
11. SPECIAL ADMONITION FOR CONTENTS RELATING TO FINANCIAL MATTERS
If you intend to view any Content concerning companies, stock quotes, investments or securities, please read the above Sections 9 and 10 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Content is provided for informational purposes only, and no Content is intended for trading or investing purposes. Answers and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Content, and shall not be responsible or liable for any trading or investment decisions made based on such information.
12. TRADEMARK INFORMATION
The ANSWERS and Answers.com trademarks and Content marks and other Answers and Answers.com logos and product and Content names are trademarks of the Company. Without the Company's prior permission, you agree not to display, or use in any manner, the Answers marks.
13. ENTIRE AGREEMENT
The TOU constitute the entire agreement between you and Answers and govern your use of the Content, superceding any prior agreements between you and Answers. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Answers Contents, affiliate Contents, third-party content or third-party software.
14. CHOICE OF LAW AND FORUM
The TOU and the relationship between you and Answers shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Answers agree to submit to the personal and exclusive jurisdiction of the courts.
If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and the other provisions of this Agreement shall remain in full force and effect The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only.
The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning.
17. LICENSEE OUTSIDE THE U.S.
If Licensee is located outside the U.S., then Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Content, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable.