DonkeyDo.com Terms of Use
Last
Updated 05.01.05
DonkeyDo.com
web site and meta search software ©
2004 – 2005 DonkeyDo.com.
DonkeyDo.com
is a meta-search engine using original copyrighted meta-search
software. DONKEYDO.COM
and DONKEYDO.COM WHAT CAN THE DONKEY DO FOR YOU are trademarks of
DonkeyDo.com.
DonkeyDo.com is not affiliated with, endorsed by, or under contract
with Google, Yahoo! Inc., MSN, or Microsoft Corporation, or any of
their subsidiaries, parent companies, affiliate companies, business
partners, or licensees.
GOOGLE is a trademark of Google. YAHOO!
is a registered trademark of Yahoo!
Inc. MSN is a
registered trademark of Microsoft Corporation.
Welcome
to the DonkeyDo.com meta-search engine (the
“Service”).
The Service is provided by DonkeyDo.com, a South Carolina LLC with offices at 16- lakefront
Ct. Columbia, SC.29212
(“DonkeyDo”), subject to the following terms and
conditions. In
consideration of your use and enjoyment of the Service, you agree
to be bound by this DonkeyDo.com Terms of Use (the “Terms of
Use”). In
addition, you agree to be bound by the DonkeyDo Privacy Policy, and
any other documents available on or through http://www.DonkeyDo.com
(collectively and separately referred to as the “DonkeyDo
Terms of Service”). If you do not affirmatively agree
to be bound by the DonkeyDo Terms of Service please do not use the
Service.
1.
The
Service.
DonkeyDo
currently provides users (a “User” or
“Users”) with access to meta
search results from three Internet search engines. The Service is
provided to you by DonkeyDo on an "AS IS", "AS AVAILABLE" basis
subject to the provisions contained herein for your private
personal use only. Any other use or attempt to use the Service for
commercial purposes, promotion of products and services, or other
such purposes, directly or indirectly, by you or by a third party
is prohibited. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, shall be subject to
the DonkeyDo Terms of Service.
3.
Information
Available Through Use Of The
Service.
3.1.
You
must evaluate, and bear the risk associated with, the accuracy,
completeness or usefulness of any information available on or
through the Service.
3.2.
THE
INFORMATION AVAILABLE ON OR THROUGH THE SERVICE MAY INCLUDE
INAPPROPRIATE MATERIAL. BY USING THE SERVICE YOU UNDERTAKE FULL
RESPONSIBILITY TO: (A) DETERMINE WHETHER THE INFORMATION COMPLIES
WITH YOUR NEEDS; (B) DETERMINE WHETHER YOU HAVE ADEQUATE LEGAL
RIGHTS TO STORE, REPRODUCE, DISTRIBUTE, MODIFY, OR OTHERWISE USE
THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU; (C) COMPLY WITH
ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS
IMPOSED BY COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, DEFAMATION,
INDECENCY, ONLINE CONDUCT AND ACCEPTABLE CONTENT, PRIVACY, AND
EXPORT LAWS.
4.
Third
Party Links / Sites. Search
results obtained using the Service include links to third party Web Sites. These links
allow you to exit the Service and enter third party or other users
Web Sites. These links are provided only as a convenience. The
linked websites are not reviewed, controlled, examined, sponsored,
or endorsed by DonkeyDo and DonkeyDo is not responsible for the
information, advertising, products, resources or other material, of
any linked site or any link contained in a linked site. The
inclusion of any link does not imply DonkeyDo’s sponsorship
or endorsement of the linked site. In no event shall DonkeyDo be
liable, directly or indirectly, to anyone for any damage or loss
arising from or occasioned by the creation, use or reliance, on the
third parties’ websites or the information, advertising,
products, resources or material accessed through these
websites.
5.
Intellectual
Property.
Subject
to Section 7, the
DonkeyDo meta-search engine software and the information on the
DonkeyDo Web Site, including without limitation the look and feel
of the site and all design, text, images, trademarks, tradenames,
logos, white papers, press releases and other information, and all
software products advertised, presented, or discussed therein, is
protected under United States and other copyright laws and is owned
by DonkeyDo or used under license from the owner of the respective
intellectual property rights. In
addition, all right, title, and interest in all servers and
server-based technology related to the site, including, without
limitation, protocols, parameters, designs, specifications, and
user identification algorithms, and technology underlying such
algorithms are owned by DonkeyDo. The
foregoing may not, except under written license, be copied,
reproduced, transmitted, displayed, performed, distributed, rented,
sublicensed, altered, stored for subsequent use or otherwise used
in whole or in part in any manner without DonkeyDo’s prior
written consent, except to the extent that such use is expressly
authorized under the United States copyright laws. DonkeyDo’s
trademarks, tradenames, logos, images, and, service marks used on
this site are the property of DonkeyDo and may not be used without
prior written permission from DonkeyDo and then only with proper
acknowledgment.
6.
Confidential
Information.
DonkeyDo
discourages you from sending or posting to the Service or the
DonkeyDo Web Site any information that you consider to be
confidential or proprietary. Please note that if you do send or
post any such information or material, DonkeyDo will assume that it
is not confidential. By sending or posting any information or
material, you grant DonkeyDo a worldwide, royalty free,
unrestricted, fully transferable, perpetual, and irrevocable
license to use, reproduce, display, perform, modify, transmit,
create derivative works (as that term is defined by United States
copyright laws) from, and distribute those materials or information
(including any derivative works) in any form or medium anywhere,
and you agree that DonkeyDo is free to use any ideas, concepts,
know-how or techniques that you send or post for any
purpose. In addition,
by
transmitting, uploading, posting or submitting any information to
or through the site you warrant that no other party has rights to
the information and that your transmission, posting, uploading or
submission of such information to or through the site does not
violate any copyright or other laws.
7.
Advertising
on the Service. DonkeyDo
may run advertisements and promotions within the
Service. You agree that
DonkeyDo has the right, at its sole discretion, to run such
advertisements and promotions. These advertisements and promotions
may include, but shall not be limited to, banners, advertisements,
and pop-up texts. DonkeyDo shall own all advertising inventory
included in, or used in connection with the Service. DonkeyDo
reserves the right to change, alter, modify, delete sections, or
take any other action necessary in order to place advertisements in
the Service. The manner, mode and extent of advertising by DonkeyDo
throughout the Service, including, without limitation, the
Personals or Profiles is subject to change without
notice.
8.
DISCLAIMERS
(OF WARRANTIES).
8.1.
YOU
EXPRESSLY AGREE THAT ENTERING OR USING OF THE SERVICE IS AT YOUR
OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR
TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT
NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE,
ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR
ASSUMED BY DONKEYDO; ALL SUCH WARRANTIES, REPRESENTATIONS,
CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXPRESSLY EXCLUDED.
DONKEYDO MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE.
8.2.
DONKEYDO
MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION
AVAILABLE ON OR THROUGH THE SERVICE, FOR ANY PURPOSE NOR ABOUT ITS
LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY,
QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. THE INFORMATION
AVAILABLE ON OR THROUGH THE SERVICE IS NOT REVIEWED, CONTROLLED, OR
EXAMINED BY DONKEYDO IN ANY WAY. DONKEYDO DOES NOT ENDORSE, VERIFY
OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH
INFORMATION.
8.3.
DONKEYDO
DOES NOT WARRANT OR GUARANTEE: 1) THAT ANY INFORMATION AVAILABLE ON
OR THROUGH THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS,
TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR
DESTRUCTIVE PROPERTIES; 2) THAT THE INFORMATION AVAILABLE ON OR
THROUGH THE SERVICE WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR
MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; 3) THAT THE
FUNCTIONS OR SERVICES PERFORMED BY DONKEYDO WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED; OR
4) THAT THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT. IT IS THE SOLE RESPONSIBILITY OF
THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE
ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE
THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT
DAMAGE USER'S INFORMATION OR SYSTEM
9.
LIMITATIONS
OF LIABILITY.
9.1.
IN
NO EVENT SHALL DONKEYDO BE LIABLE TO ANY PARTY FOR ANY DAMAGES
INCLUDING WITHOUT LIMITATION, ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE
LIKE), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM -
OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR
IMPROPER USE OF THE SERVICE, EVEN IF DONKEYDO SHALL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF
INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT
SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT
POSSIBLE.
9.2.
IN
NO EVENT SHALL DONKEYDO BE LIABLE TO ANYONE FOR ANY DELAYS,
INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE SERVICE OR
THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART
THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR
FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON
OR THROUGH THE SERVICE.
9.3.
YOU
EXPRESSLY AGREE THAT DONKEYDO SHALL NOT BE RESPONSIBLE OR LIABLE
FOR ANY LOSS OF RESULTING FROM THE SUSPENSION OR DELETION OF THE
SERVICE (OR ANY PART THEREOF), NETWORK OR SYSTEM OUTAGES, FILE
CORRUPTION OR ANY OTHER REASONS.
9.4.
You expressly agree to indemnify and hold DonkeyDo, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, officers, and directors, harmless from any
claim or demand, including reasonable attorneys' and experts’
fees, made by any third party due to or arising out of your use of
or connection to the Service, your violation of these Terms of Use
or the DonkeyDo Terms of Service, or your violation of any rights
of any other User or other third party.
10.
Miscellaneous.
10.1.
DonkeyDo
reserves the right in its the sole discretion to (A) make
improvements, corrections, adaptations, conversions and/or any
other change in the Service, or any part thereof, and/or to a
revised or new Terms of Use; (B) change, limit, terminate, remove
or cease to provide at any time, temporarily or permanently, the
Service or any part thereof, to all Users or any number thereof
including without limitation, the use of or access to the Service,
granted to you or to any other User, at any time, without notice,
for any reason or no reason; (C) establish a new operating and
usage policy for the Service and change it at any time for any
reason or no reason; (D) cancel, change, hold, de-list, introduce
different options and features to different users at any
time.
10.2.
DonkeyDo
may change from time to time, in its sole discretion, and without
prior notice to you or any User, the DonkeyDo Terms of Service
including these Terms of Use. You may review the current
DonkeyDo Terms of Service, including the current Terms of Use, at
any time by visiting the following url: http://www.DonkeyDo.com. Any changes to the DonkeyDo Terms
of Service or these Terms of use shall become effective 3 days
after the “last updated” date at the beginning of the
respective DonkeyDo Terms of Service or Terms of Use -- please
review these documents periodically to familiarize yourself with
the most current version.
10.3.
In
case of contradiction between any provision of the DonkeyDo Terms
of Service and any provision of these Terms of Use, the provision
of these Terms of Use shall prevail, unless the provision of the
DonkeyDo Terms of Service reflects narrower responsibility on
behalf of DonkeyDo than the relevant provision of the these Terms
of Use. In case of contradiction between any provision of these
Terms of Use and any provision of any document accessible through
the Service or the DonkeyDo Web Site, the provision of these Terms
of Use shall prevail, unless the provision of such other
document(s) reflect narrower responsibility on behalf of DonkeyDo
than the relevant provision of these Terms of Use.
10.4.
Software
from the Service or the DonkeyDo Web Site is further subject to
United States export controls. No such software may be downloaded
or otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other Country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By downloading or using the such software, you
represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any
such list.
10.5.
If
there is any dispute about or involving the DonkeyDo or the
Service, by using the Service, you agree that the dispute will be
governed by the laws of the State of California without regard to
its conflict of law provisions. You agree to personal jurisdiction
by and venue in the state and federal courts in Los Angeles County,
California.
10.6.
These
Terms of Use and the DonkeyDo Terms of Service contains the entire
agreement between you and DonkeyDo regarding the use of the
Service. If any provision of these Terms of Use or the DonkeyDo
Terms of Service is held invalid, the remainder of these Terms of
Use and the DonkeyDo Terms of Service shall continue in full force
and effect.
10.7.
Any
reference made in this document to DonkeyDo shall be deemed to have
been made to DonkeyDo, its subsidiaries, successors, assignees,
affiliates as well as any company that controls DonkeyDo, directly
or indirectly, and any other subsidiary of that controlling
company
DonkeyDo.com Privacy Policy
Last
Updated 05.01.05
Welcome to the DonkeyDo.com meta-search engine (the
“Service”).
The Service is provided by DonkeyDo.com, a South Carolina LLC with
offices at 16 Lakefront Ct. Columbia, SC.29212
(“DonkeyDo”), subject to the DonkeyDo Terms of Use and
this Privacy Policy (this “Policy”). This Policy covers
DonkeyDo’s treatment of information collected when you are on
the DonkeyDo Web Site (the “Site”) (located at www.DonkeyDo.com), and when you
use the Service, and (ii) discloses DonkeyDo’s information
gathering and dissemination practices for the Site and the
Service. DonkeyDo may,
but is not obligated to, update this Policy from time to time, so
please refer to www.DonkeyDo.com
periodically. If
DonkeyDo makes any significant or material changes to the Policy,
users will be notified through a prominently posted announcement on
the Site.
11.
What
Information Is Collected Through The Service, From Whom Is It
Collected, How Is It Collected, And Who Has Access To It.
1.1.
Private
Information.
DonkeyDo does not collect any private or personally-identifiable
information from Users of the Service.
1.2. Aggregate
Information.
Certain information that is not provided directly by anyone is
collected by DonkeyDo regarding all users (Members or non-members,
collectively “Users”) who browse the site. Aggregate Information includes,
but is not limited to a User’s, (i) Internet browser type
(e.g., Internet Explorer 6.0), (ii) IP address, (iii) resolution
settings, (iv) platform type, and (v) originating urls. DonkeyDo uses Aggregate
Information to (a) help diagnose problems with DonkeyDo’s
server(s), (b) measure usage of the Site and the Service, (c)
administer the Service and the Site, (d) inform DonkeyDo’s
sponsors as to the number of Users who fall into certain
demographic categories, (e) provide DonkeyDo’s sponsors with
information regarding which Users saw and clicked on certain
advertisements on the Site, or (f) perform statistical analyses of
the collective characteristics and behavior or Users to measure
User demographics generally.
12.
Cookies.
DonkeyDo
may use Cookies to store a User’s individual preferences and
system parameters.
Cookies are small electronic data files that sites can store on a
User’s hard drive for record keeping purposes. Cookies may be used on the Site,
by way of example only and without limitation, to limit the number
of times a User would have to enter a password, or to allow
enhanced capabilities such as chat. The use of cookies in standard in
the Internet industry and many web sites use them. In addition, a User may modify his
or her browser’s settings to notify such User whenever a web
site is going to deposit a cookie on such User’s hard
drive. The notification
option generally gives the User the opportunity to decide whether
to accept or refuse a cookie in each instance.
13.
Who
Is Collecting The Information.
All
Information collected on the Site and as part of the Service, is
collected and maintained solely by DonkeyDo.
14.
Is
The Information Shared With Anyone.
Aggregate
Information may be shared with DonkeyDo’s partners, sponsors,
or advertisers (see Sections 1.3 and 5).
15.
Use
Of The Information In Connection With Promotions Or Contests /
Opt-Ins.
DonkeyDo
may, from time to time, run promotions or contests on the Site as
part of the Service. In
addition, certain of the promotions or contests may be sponsored by
third parties. If
DonkeyDo collects any data as part of a sponsored promotion or
contest, it will share that data with the third party
sponsor. In connection
with each sponsored promotion or contest, the promotion or contest
registration forms will prominently feature a notice from DonkeyDo
that any information collected in connection with such promotion or
contest will be shared with a third party sponsor. If you do not want DonkeyDo to
share such information, then you can opt not to participate in a
certain promotion or contest.
16.
Links
To / From Other Sites.
This
Policy applies only to information collected while a User is on the
Site. The Site contains
links to other websites and, conversely, other websites may contain
links to the Site.
DonkeyDo is not aware of and is not responsible for the privacy
policies, practices, or content of such other websites. If you visit such other websites,
DonkeyDo encourages you to read and become familiar with the
privacy policies maintained by such other websites.
17.
When
Might Information Be Disclosed As A Matter Of Law.
DonkeyDo
may disclose information to unrelated parties in special cases when
DonkeyDo has reason to believe that that disclosure is necessary to
identify, contact, or bring legal action against a person or
persons who may be causing injury to, or interference with, the
rights or property of DonkeyDo, other Users, or any third
party. In addition,
DonkeyDo may disclose information to law enforcement agencies,
judicial or government authorities, or to other individuals or
entities in response to subpoenas, court orders, or other legal
processes.
18.
Information
of Minors & Children.
DonkeyDo
is not targeting the Site or the Service to children, and DonkeyDo
does not collect contact information from children under the age of
13. If you are under
the age of 13, please do not email DonkeyDo, contact the Site,
attempt to use the Service, submit information to the Site, or ask
DonkeyDo to email you.
If you are under the age of 18, you should get permission from a
parent or guardian before you email DonkeyDo, contact the Site,
attempt to use the Service, submit information to the Site, or ask
DonkeyDo to email you.