SearchMash is a website operated by Google Inc. ("we" or "us") and your use of the site is subject to the following terms and conditions (the "Terms of Service").
Content Linked to by SearchMash
The sites displayed as search results or linked to by SearchMash are
developed by people over whom we exercise no control. The search results
are indexed by our automated machinery and computers, and we cannot and do
not screen the sites before including them in the indices from which such
automated search results are gathered. A search using SearchMash may
produce search results and links to sites that some people find
objectionable, inappropriate, or offensive. We cannot guarantee that a
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 SearchMash.
Personal Use Only
SearchMash is made available for your personal, non-commercial use
only. You may not use SearchMash to sell a product or service, or to
increase traffic to your Web site for commercial reasons, such as
advertising sales. You may not take the results from a SearchMash search
and reformat and display them, or mirror any SearchMash page or results
pages on your Web site. You may not "meta-search" SearchMash.
No Automated Querying
You may not send automated queries of any sort to SearchMash. Note that
"sending automated queries" includes, among other things:
- using any software which sends queries to SearchMash to determine how a website or webpage "ranks" on SearchMash for various queries; and
- performing "offline" searches on SearchMash.
Privacy Policy
Your use of SearchMash is subject to the site's Privacy Policy.
Changes In Terms and Conditions
We may modify or terminate our services from time to time, for any reason,
and without notice, including the right to terminate with or without
notice, without liability to you, any other user or any third party. We
reserve the right to modify these Terms of Service from time to time
without notice. Please review these Terms of Service from time to time so
that you will be apprised of any changes.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply
with the Digital Millennium Copyright Act. For directions and more
information, please click
here.
Indemnity
You agree to hold harmless and indemnify Google, and its subsidiaries,
affiliates, officers, agents, and employees, advertisers or partners, from
and against any third party claim arising from or in any way related to
your use of SearchMash, violation of these Terms of Service or any other
actions connected with use of SearchMash, including any liability or
expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees, of
every kind and nature. In such a case, you will be provided with written
notice of such claim, suit or action.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF SEARCHMASH IS AT YOUR SOLE RISK. SEARCHMASH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WE MAKE NO WARRANTY THAT (i) SEARCHMASH WILL MEET YOUR REQUIREMENTS, (ii) SEARCHMASH WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SEARCHMASH WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SEARCHMASH WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SEARCHMASH 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 OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEARCHMASH SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE SEARCHMASH; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM SEARCHMASH; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON SEARCHMASH; OR (v) ANY OTHER MATTER RELATING TO SEARCHMASH.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of
Service, there shall be no third party beneficiaries to the Terms of
Service.
Notice
You agree that we may provide you with notices, including those regarding
changes to the Terms of Service, by email, regular mail, or postings on
SearchMash.
General Information
Entire Agreement. The Terms of Service constitute the entire agreement between you and us and govern your use of SearchMash, superceding any prior agreements between you and us.
Choice of Law and Forum. The Terms of Service and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and us agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SearchMash or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.