root/spock/www.spock.com/terms_of_service

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  • /yahoo/del.icio.us/help/terms
  • /yahoo/del.icio.us/help/privacy
  • /yahoo/del.icio.us/help/copyright
  • /spock/www.spock.com/terms_of_service
  • /spock/www.spock.com/privacy
  • /google/picasa.google.com/support/bin/answer.py?answer=15188&topic=1144

GooDiffMonitor run finished @ 2007-10-09 03:37:33.192774

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1 Processing (could take a few minutes)...
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3 [ ](/)
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5 You should enable javascript to use [ Spock ](/do/pages/tw) .
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7 [ Advanced >> ](#)
8 Name or Email:
9
10 Tags:
11
12 Example: [ senator republican married ](/do/search?tag_query=senator+republican+married)
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14 Location:
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16 Example: [ San Francisco, CA ](/do/search?location_query=San+Francisco%2C+CA)
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18 ** Age: ** any  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  to  any  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79
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20 ** male **   ** female **   ** any **
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22 Must have picture!
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24 [ << Basic ](#)
25 |http://www.goodiff.org/wiki/RemovedByGooDiff|
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27  
28
29 [ About ](/about) | [ Press ](/do/pages/press) |  Terms of Service  | [ Privacy Policy ](/privacy)
30
31 #  Spock Networks Terms of Service
32
33 By clicking "Accept" below, you agree to be bound by the following terms and conditions (the " ** _ Terms of Service _ ** ") between you and Spock.com, Inc., which apply to Spock Services including but not limited to the Spock Networks (" ** _ Spock _ ** ") search engine and website at www.spock.com.    ** **
34
35 ##  Content linked to by Spock
36
37 Spock links to and displays content and websites it does not control.  Spock's automated computers and the community index Spock's search results, and Spock cannot and does not screen sites or content before including them in the search results.  You understand that by using the Spock Services, you will be exposed to Postings that are offensive, indecent, or objectionable.  You assume full responsibility for viewing the results of your own search queries.
38
39 ** **
40
41 Tags on a person's search result are words provided by users, or are words that Spock's automated web crawler found on webpages that also contain the person's name.
42
43 Tags do not necessarily describe a person and you acknowledge that Spock does not suggest that any particular Tag be construed as a description or an attribute.
44
45 ##  Personal use only
46
47 You agree not to use Spock to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You will not take the results from a Spock search and reformat and display them, or mirror the Spock home page or results pages on your website. If you want to make commercial use of the Spock Services, you must enter into an agreement with Spock to do so in advance. Please email [ inquiry@corp.spock.com ](mailto:inquiry@corp.spock.com) for more information.   
48 The Spock search engine is made available for your personal, non-commercial use only. Due to the U.S.A. Children's Online Privacy Protection Act of 1998 (which is available at [ http://www.ftc.gov/ogc/coppa1.htm ](http://www.ftc.gov/ogc/coppa1.htm) ), you must be at least thirteen (13) years of age to use this Service.
49
50 ##  No automated querying
51
52 You agree not to send automated queries of any sort to Spock's system without express permission in advance from Spock.  Note that "sending automated queries" includes, among other things:
53
54   * using any software which sends queries to Spock to determine how a website or webpage "ranks" on Spock for various queries;
55   * "meta-searching" Spock;
56   * performing "offline" searches on Spock;
57   * aggregating Spock search results.
58
59 ##  Changes in Terms and Conditions and Spock search service
60
61 We reserve the right to modify our services from time to time, for any reason. We reserve the right to terminate our services or your individual account for any reason or no reason, with or without notice, without liability to you. Your continued use of the service will constitute your assent to any new terms of which you have been notified.
62
63 ##  Posting material on our service
64
65 Certain areas of Spock allow users to post, add, or upload content, information, data, text, photographs, video, graphics, and messages (" ** _ Postings _ ** "). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content (" ** _ Poster _ ** "), and not Spock. Spock does not control the Postings and does not guarantee the accuracy, integrity, or quality of any Postings.   
66 You acknowledge that all of your Postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your Postings. You agree that all of your Postings will comply with the requirements of this Agreement.   
67 You agree not to use Spock to:
68
69   * Post any Posting, transmit any message, or add or agree with any tag that is false unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, sexually explicit, pornographic, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable;
70   * Violate the privacy of others, including but not limited to by collecting, posting, using, or distributing personal information about others without their permission, including but not limited to by providing Spock with others' personal information (such as by providing your email address book) without their permission;
71   * Impersonate any person or entity (including but not limited to a Spock agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
72   * Create false or fictional search results on Spock;
73   * Post or transmit any unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by Spock for such purpose;
74   * Post or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, or that you do not have the right to post;
75   * Disseminate or transmit harmful, disruptive, or destructive files, code, or programs including but not limited to worms, viruses, and Trojan horses;
76   * Violate any law (whether local, state, provincial, national, or international), whether or not intentionally;
77   * Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
78   * Interfere with or disrupt the Spock Services, or servers or networks connected to Spock, or violate any requirements, procedures, policies, or regulations of networks connected to Spock.
79
80 You acknowledge that Spock does not pre-screen Postings, but that Spock has the right, but not the obligation, to refuse to make available, to modify or to remove any Postings or portions of Postings in its sole discretion and at any time without notice to the Poster if such Postings violate or are likely to violate (either, in Spock's sole discretion) the terms of this Agreement. You agree that your use of any Posting is at your own risk, including but not limited to any reliance on the accuracy, completeness, or usefulness of the Posting.   
81 You hereby grant Spock (and each of its registered users, as limited by the "Personal Use Only" section, above) the royalty-free, unlimited, perpetual, non-exclusive, irrevocable right and license to make, use, copy, distribute, display, publish, perform, modify, or translate any such Postings for any purpose and in any medium worldwide (including but not limited to incorporating the Postings into Spock databases or any other Spock property, product, or service) and to sublicense the foregoing rights, and this sublicense right, to others. You represent and warrant that you have the right to post each and every Posting that you post on our Services and that you have sufficient rights to grant the foregoing rights and license.
82
83 ##  Spock Registration
84
85 Certain portions of Spock require users to register to obtain certain Spock Services. Registration is initially available to anyone over 13 and is limited to one registration per user. In registering for these services, you agree to: (a) provide true, accurate, current, and complete information about yourself as requested by the Spock registration form (the " ** _ Registration Information _ ** ") and (b) maintain and update the Registration Information to keep it true, accurate, current, and complete. In addition to other grounds for suspension or termination of your use of the Spock Services, if you provide (or Spock has reasonable grounds to suspect that you have provided) any information that is untrue, inaccurate, not current, or incomplete, Spock has the right to suspend or terminate your access and refuse you any and all use of the Services.
86
87 ##  Passwords and Security
88
89 Access to certain Spock Services require you to choose a user name and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not: (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify Spock immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.
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91 ##  Address Book Import
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93 All users who sign-up for Spock have the option to provide their email login information (email address and email password) in order to discover where their address book contacts (their " ** _ Contacts _ ** ") may be on the Internet. We use the Contacts' email addresses and other information from your address book to link up current search results in Spock to your "Favorites" section on Spock. In addition, we use the Contacts' email addresses and other information to show an organized view of publicly available information about them from social networking sites, online communities, and the entire Internet at large. In this way, you and other Spock users can see the Contacts' online information and activity. By providing your email login and password, you are granting Spock permission to collect email addresses and other information as described here.
94
95 ###  Passwords
96
97 When uploading an email address book, users must provide their email password. These passwords are not stored by Spock in any way. We have taken care to ensure that once a user's address book has been retrieved for them, there is no recording of their password in our database, log files, or anywhere else.
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99 ** Spock does not email, contact, or spam any friends from an email address book, unless you specifically request we do so. **
100
101 ##  Disclaimer of Warranties
102
103 Spock disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Spock results. Spock disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Spock disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Spock service.   
104 THE Spock SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE Spock SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Spock EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING but not limited to WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Spock DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, or PERFORMANCE OF THE Spock SERVICES. Spock DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED ON OR THROUGH THE Spock SERVICES AND FOR ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Spock SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Spock SERVICES 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 JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THEIR FULL EXTENT.
105
106 ##  Limitation of Liability
107
108 UNDER NO CIRCUMSTANCES WILL SPOCK BE LIABLE TO YOU IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, YOUR OR ANY OTHER USER'S USE OR MISUSE OF OR RELIANCE ON THE SPOCK SERVICES, OR ANY CONTENT LINKED TO, POSTED ON, OR HOSTED ON THE SERVICES (INCLUDING BUT NOT LIMITED TO ANY LIABILITY IN CONNECTION WITH ANY ERRORS, OMISSIONS, OR MISREPRESENTATIONS IN ANY SUCH CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH THE USE OR VIEWING OF ANY SUCH CONTENT). SUCH LIMITATION OF LIABILITY WILL APPLY TO PREVENT RECOVERY OF DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, (EVEN IF SPOCK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE, INABILITY TO USE, OR MISUSE OF OR RELIANCE ON THE SPOCK SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SPOCK SERVICES GENERALLY OR FOR YOUR ACCOUNT SPECIFICALLY. THIS LIMITATION WILL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT SPOCK WOULD NOT PROVIDE THE SERVICES FOR FREE TO YOU WITHOUT LIMITING ITS LIABILITY AS SET FORTH ABOVE, AND YOU AGREE TO USE THE SERVICES UNDER THIS EXPLICIT CONDITION. SOME 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.   
109 Without limiting the foregoing, under no circumstances will either party 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 but not limited to 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.
110
111 ##  Requests for Removal of Search Results
112
113 Spock occasionally receives requests from people to remove search results from its indices. Although Spock reserves the right to address such requests individually, the general approach that Spock takes reflects the following principles: Spock's search results consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of website information added, deleted, and changed on a frequent basis, Spock cannot and does not pre-screen anything made available through its indices. For each website reflected in Spock's indices, if either (i) a site owner restricts access to his or her website or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner in either case or a third party in the second instance, Spock will at its sole discretion consider on a case-by-case basis removing the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time. For more information, please refer to the Spock privacy policy.
114
115 ##  Requests for Takedown of Infringing Materials
116
117 ###  Copyright Infringement Notification
118
119 To file a copyright infringement notification with us, which we will review, process, and respond to as we determine in our sole discretion, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the U.S. Copyright Act to confirm these requirements.):
120
121   * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
122   * Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
123   * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. ** Providing URLs in the body of an email is the best way to help us locate content quickly. **
124   * Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
125   * 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.
126   * 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.
127
128 Such written notice should be sent to our designated agent as follows:   
129 DMCA Complaints   
130 Spock Networks   
131 2500 Sand Hill Road   
132 Menlo Park CA 94025   
133 Email: ** [ copyright@corp.spock.com ](mailto:copyright@corp.spock.com) **   
134 Please also note that under Section 512(f) of the U.S. Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
135
136 ##  Termination of Your Access to Spock Services
137
138 You agree that Spock, in its sole discretion, may terminate your access to the Spock Services, and remove, discard or modify any Postings or content within the Service, for any reason or no reason, including but not limited to for lack of use or if Spock believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Spock Services may be effected without prior notice, and acknowledge and agree that Spock may immediately deactivate or delete your account and all related information and files in your account or that you have provided to the service and bar any further access to such files or the Spock Services. Further, you agree that Spock will not be liable to you or any third party for the discontinuation or termination of your access to the Spock Services, even if advised of a claim for damages.
139
140 ##  Indemnification of Spock
141
142 You agree to indemnify and hold Spock, its subsidiaries, and affiliates, and their officers, directors, and employees harmless from and against any and all liability, losses, claims, demands, disputes, damages, or costs of any kind, including but not limited to reasonable attorneys' fees and costs of litigation, for third-party claims resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of the Services, (c) your violation of this Agreement, or (d) your violation of any rights of another party.
143
144 ##  Compliance with Laws
145
146 You agree to comply with all applicable laws, regulations, agreements, and licenses regarding your use of Spock including but not limited to those regarding the transmission of technical data exported from the United States or the country in which you reside.
147
148 ##  Miscellaneous Provisions
149
150 These Terms of Service will be governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to its conflict of laws provisions.  The parties hereby consent to jurisdiction and venue in the state and federal courts in the Northern District of California.  If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.   
151 These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the waiving party.
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