Terms and Conditions
Version 1.3. Last Updated: December 23, 2013.
Welcome to ZenSearch. ZenSearch.com (the "Site", "Service"), is owned and operated by ZenSearch ApS. ("ZenSearch", "we", "us" or "our").
PLEASE CAREFULLY READ THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") BEFORE ACCESSING THE SITE. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. ACCESS TO AND USE OF THIS SITE AND THE SERVICES IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. YOUR USE OF THIS SITE AND SERVICES CONSTITUTES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE OR SERVICES. PLEASE NOTE THAT ANY VIOLATION OF THESE TERMS MAY RESULT IN TERMINATION OF YOUR ABILITY TO ACCESS AND USE THE SERVICES.
This Site is made available for your personal, non-commercial use only. You may not take the results from any type of search and reformat and display them, or mirror the Site home page or results pages on your web site. If you want to make commercial use of the Site, you must enter into an agreement with ZenSearch to do so in advance.
TRUSTe Trusted Download
ZenSearch ApS's application ZenSearch 1.0 has been certified by the TRUSTe's Trusted Download Program signifying that the ZenSearch application has been tested by TRUSTe for compliance with TRUSTe's TDP program requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding the ZenSearch application, please contact us at ZenSearch ApS, Bysoestraede 2B st., DK-4300 Holbaek, Denmark or by email at firstname.lastname@example.org. If you are not satisfied with our response you can contact TRUSTe here. The TRUSTe Trusted Download program covers only the certified software downloaded from this site. Trusted Download certification does not cover other applications such as mobile versions, Facebook or Twitter apps.
User Warnings/User Obligations
You may not use another person's name or information on the Site. You agree to use the Site and Content only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to use the Sites in any manner that might interfere with our or our Partner's rights.
You represent and warrants that (a) you are the owner or an authorized user of the computer that the Content is used on, (b) you will use the Content, and the Site only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations, and (c) you are at least thirteen years of age. Persons under thirteen years of age may not use the Content without supervision by a legal guardian.
You shall not, and shall not authorize or encourage any third party to directly or indirectly generate queries, impressions of or clicks on any search results, links and/or ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software.
You agree not to use any automated or manual process to interfere with, modify, scrape, download or attempt to interfere with or modify the Content.
You may electronically store and/or print in hard copy the content available on the Site for your personal, non-commercial use only. Any other use, reproduction, modification, distribution, republication, retransmission, storage or incorporation of any part of the Site in any other work, is prohibited without the prior written consent of ZenSearch.
You may link to the Site provided that you comply with the following: (a) You do not create a frame, browser or border around the content of the site (b) You do not misrepresent Your relationship with the Site or imply that it is endorsing You or Your products or services (c) You do not link to a site that breaches any provisions of this agreement and (d) You agree that ZenSearch reserves its rights to rescind its consent to allow links in general or specific instances, in which case any links already set up would have to be removed pursuant to ZenSearch's rights.
All material included on the Site is intended for information purposes only. You are hereby placed under notice that you should take appropriate precautions to verify the accuracy of such information.
Due to the nature of the internet, any information and/or communication will inevitably result in the transfer of information across international boundaries. By visiting this web site you consent to such transfers.
Advertising and dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ZenSearch 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 Site.
The sites displayed as search results or linked to by the Site are developed by people over whom we exercise no control. The search results that appear from our search engine partner's indices are indexed by our search engine partner's automated systems, 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 the Site 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 the Site.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH SITES AND RESOURCES.
ZenSearch is committed to protecting copyrights and expects users of the Service to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Service infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see copyright.gov for details. DMCA notices and counter-notices regarding the Service should be sent to:
Bysoestraede 2B st.
Disclaimer of Warranties
THE SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO WARRANTIES WHATSOEVER. ZENSEARCH AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ZENSEARCH AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. ZENSEARCH AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. ZENSEARCH AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ZENSEARCH, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, ADVERTISERS, SUBCONTRACTORS or LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ZENSEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall ZenSearch, our subsidiaries, officers, directors, employees, affiliates, partners, advertisers, subcontractors or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
All content of this website is Copyright © 2013 ZenSearch ApS. All rights reserved. The names of companies and products not owned by ZenSearch and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to ZenSearch ApS without the express written permission of ZenSearch ApS is strictly prohibited.
Grant of License
We grant you a non-exclusive, non-transferable and non-assignable license to use the Content, in accordance with the terms and conditions of this Agreement. Other than the rights expressly granted hereunder, no other right is granted. You agree not to add to, subtract from or otherwise modify, translate, disassemble, decompile, reverse engineer, or create derivative works of the Content. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the Content. You may make only such copies of the Content as are reasonably necessary for your own use, and any copy made by you must bear the same copyright and other proprietary notices that appear on the copy furnished by us.
We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Site.
Enforcement, Choice of Law, Choice of Forum
Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Denmark without respect to its choice of law provisions. Any action between the parties will be venued in a Danish court.
We do not guarantee that content on the Site is appropriate or available for use in all geographic locations, and accessing it from certain locations may be illegal and prohibited. Those who do access content from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
Correction of Errors and Inaccuracies
This Agreement, the Content, and Site may contain typographical errors or other errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement, the Content or Site at any time without prior notice. We do not however, guarantee that any errors, inaccuracies or omissions will be corrected.