Searching
Incognito Terms of Service
We reserve the right to change these Terms of Service from
time to time without notice. You acknowledge and agree that it is your
responsibility to review this Terms of Service periodically to familiarize
yourself with any modifications. Your continued use of our Services or this
site after such modifications will constitute acknowledgment and agreement of
the modified terms and conditions.
Welcome to Searching Incognito. We know privacy is
important for you and hope that you will enjoy the great features of our
website and extension we provide (the "Services") as detailed below.
These terms of use (the "Terms of Service") are a legal agreement
between you and us setting forth, among other things, the terms and conditions
for your access and use of the Services, the website, and any related
sub-domains, which are operated by Searching Incognito (the
"Website").
Contact Information
If you have any questions or comments about these our Terms
of Service as outlined please email contactus@searchingincognito.com.
If you choose to
communicate suggestions for improvements to the Website or the Services
(collectively, "Feedback"), we shall own all right, title, and
interest in and to the Feedback and we shall be entitled to use the Feedback
without restriction. You hereby irrevocably assign all right, title and
interest in and to the Feedback to us and waive all your moral rights in the
Feedback, and agree to provide us such assistance as we may require to
document, perfect, and maintain our rights to the Feedback.
Services Accessible through Searching Incognito.
The Services are intended for a general audience. We do not
intentionally solicit or collect personal information from anyone under the age
of 18.
Intellectual Property
Searching Incognito grants you a
non-exclusive, non-transferable, worldwide, revocable license to access and use
of the Website and the Services in accordance with the terms set forth in the
Terms of Service. The Website and the Services are made available to you for
your non-commercial use only.
Third Party Sites
The Website and the Services may contain links to third
party sites or resources that are not owned or controlled by Searching
Incognito. Searching Incognito has no control over, and assumes no
responsibility for the content, privacy policies, practices or availability of
any third-party sites or resources or the products, services or other materials
on or available from such sites or resources. You are and remain subject to the
policies of those third parties where applicable. By using the Website and the
Services, you expressly relieve Searching Incognito from any and all liability
(direct or indirect) arising from your use of any share functionality or
third-party site or resource accessed from the Website or the Services. We
encourage you to ask questions before you disclose your personal information to
anyone. We reserve the right to change, modify or delete links to third party
websites without notice.
Usage
i.
Ads can be shown
ii.
Search providers can be changed
iii.
Search terms can be saved
iv.
The user can change their settings to block or
disable the service
No Liability
Searching Incognito shall have no liability whatsoever for
any damage, liabilities, losses (including any loss of data or profits) or any
other consequences that you may incur as a result of any Service Interruption.
Reservation of Rights
Searching Incognito reserves all right, title and interest
not expressly granted under this license to the fullest extent possible under
applicable laws. You may not sublicense, assign, or transfer the license
granted to you under the Terms of Service, and any attempt to sublicense,
assign, or transfer any part of your rights under the Terms of Service is void.
Surviving Obligations
All provisions of the Terms of Service which by their
nature should survive expiration or termination shall survive the expiration or
termination of the Terms of Service, including, without limitation, ownership
provisions, warranty disclaimers, and limitations of liability. Termination of
your access to and use of the Website shall not relieve you of any obligations
arising or accruing prior to such expiration or termination or limit any
liability which you otherwise may have to Searching Incognito, including
without limitation any indemnification obligations contained herein.
Service Interruptions
Interruptions. You acknowledge that:
(i)
your access to and use of the Website and the
provision Services may be suspended for the duration of any unanticipated or
unscheduled downtime or unavailability of any portion or all of the Website or
the Services for any reason, including as a result of power outages, system
failures or other interruptions; and
(ii)
we shall also be entitled, without any
liability to you, to suspend access to any portion or all of the Website or the
Services at any time
To the extent we are able, we will endeavor to post updates
on the Website regarding any Service Interruption and resumption of service
following any such suspension, but shall have no liability for the manner in
which we may do so or if we fail to do so.
Copyright.
The Website may contain third-party trademarks, service
marks, graphics, and logos, including with respect to products and/or services
that may be purchased on our partners' websites.
All content displayed on the Website as well as all the
software (including any source code) used in connection with the Services is
the exclusive property of Searching Incognito or third parties and is protected
by copyright laws.
All content and materials available on Searching Incognito,
including but not limited to text, graphics, website name, code, images and
logos are the intellectual property of Searching Incognito. Any inappropriate
use, including but not limited to the reproduction, distribution, display or
transmission of any content on this site is strictly prohibited, unless
specifically authorized by Searching Incognito.
No License
Nothing appearing on the Website will be construed as
granting you any license, right, title or interest relating to the Trademarks,
the Other Trademarks or other intellectual property used in connection with the
Website and the Services (collectively, the "Intellectual Property")
and the Intellectual Property remains the exclusive property of Searching Incognito
or owners. Except as stated herein, you agree not to display, copy, reproduce,
use or distribute any Intellectual Property without our prior written consent.
Also, you cannot mirror any material contained on the Website.
Termination of Use
i.
You may terminate this agreement at any time by
ceasing to participate in or access the Services.
ii.
The company may terminate this agreement and
your use at any time, without cause and without notice.
iii.
This agreement will automatically terminate if
you fail to comply with the Terms.
iv.
Upon any termination, you agree to stop using
the Services.
Choice of Law and Venue
This Agreement shall be interpreted and enforced in all
respects under the laws of Panama, as applicable. Any litigation arising out of
this Agreement will be brought solely and exclusively in Panama.
No Guarantee
UNLESS OTHERWISE EXPRESSED, SEARCH INCOGNITO EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Disclaimers
THE WEBSITE AND THE SERVICES (INCLUDING ALL THEIR CONTENT)
ARE PROVIDED TO YOU "AS IS." THE USE OF THE WEBSITE AND THE SERVICES
ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF
THE WEBSITE AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, SEARCHING INCOGNITO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SEARCHING
INCOGNITO MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE
AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION,
ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SEARCHING
INCOGNITO DISCLAIMS ANY LIABILITY RELATING THERETO.
Warranty
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON
THE WEBSITE IS AT YOUR OWN RISK. SEARCHING INCOGNITO DOES NOT ASSUME ANY
LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH
INFORMATION IN ANY WAY.
Copyright Materials
ALL IMAGES, LINKS, AND VIDEOS THAT APPEAR ON ANY SITE OR
SERVICE ("SERVICE"), OWNED AND OPERATED BY SEARCHING INCOGNITO ARE
ASSUMED COPYRIGHTED BY THEIR RESPECTIVE OWNERS AND SEARCH INCOGNITO CLAIMS NO
CREDIT FOR THEM UNLESS OTHERWISE NOTED. IF YOU OWN THE RIGHTS TO ANY OF THE
IMAGES, LINKS, OR VIDEOS AND DO NOT WISH THEM TO APPEAR ON THE SERVICE, PLEASE
CONTACT US WITH THE INFORMATION.
Indemnity
YOU WILL INDEMNIFY AND HOLD SEARCH INCOGNITO, ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS AND EMPLOYEES HARMLESS WITH RESPECT
TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS' FEES) ARISING
OUT OF (I) YOUR BREACH OF THESE TERMS OF SERVICE; (II) ANY DAMAGES BY YOU OR
YOUR USE OF THE WEBSITE OR THE SERVICESCAUSED TO A THIRD PARTY; OR (III) YOUR
USE OR MISUSE OF THE WEBSITE OR THE SERVICES.
Limitation of Liability & Indemnity
IN NO CASE WILL SEARCHING INCOGNITO, ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY
DIRECT,INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER
DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING
OUT OF OR RELATING TO (I) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE OR
THE SERVICES, OR (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART
OF OR ALL THE WEBSITE OR THE SERVICES, OR (III) YOU RELIANCE PLACED BY YOU ON
THE COMPLETNESS, ACCURACY OR EXISTING OF ANY ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE
ADVERTISING APPEARS ON THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF
SEARCHING INCOGNITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.