MyWay.com Terms of Service for Search Related Services


Effective date: July 10, 2009

PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED TERMS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH MINDSPARK INTERACTIVE NETWORK, INC. PROVIDES YOU WITH VARIOUS SEARCH SERVICES LOCATED AT SEARCH.MYWAY.COM OR THE RELATED MYWAY TOOLBAR SUBDOMAINS, LOCATED AT [TOOLBAR NAME].MYWAY.COM ("MYWAY SEARCH", "TOOLBAR SUBDOMAINS", OR COLLECTIVELY AS THE "SITES"). ALL SEARCH RELATED SERVICES PROVIDED BY MINDSPARK INTERACTIVE NETWORK, INC. ON THE SITES ARE COLLECTIVELY REFERRED TO AS THE "MINDSPARK SERVICES" OR THE "SERVICES". BY ACCESSING, BROWSING AND/OR USING THE SITES AND/OR SERVICES, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THE SITES. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR SITE OR ANY SERVICES WE PROVIDE.

Please Note: The portal/non-search services and functionality available at www.myway.com are governed by separate Terms of Service and Privacy Policies, available here and here

Welcome to www.MyWay.com, operated by Mindspark Interactive Network, Inc. MYWAY.COM IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13. By using these Services, you attest that you are at least 13 years old and that any information you provide to Mindspark in your registration, and at all other times, will be true, accurate, current and complete.

Ownership of our Sites and Protection of Our Intellectual Property Rights
The contents of our Sites are intended for the personal, noncommercial use of our users. MyWay.com and its related sites are properties of Mindspark Interactive Network, Inc. ("Mindspark", "us", or "we"). All right, title and interest to the content displayed on the Sites, including but not limited to the Sites’ look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Mindspark, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. You hereby acknowledge that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Mindspark-generated content and content provided to Mindspark by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Mindspark owns a copyright in the selection, coordination, arrangement and enhancement of all content and in the Sites as a whole. Subject to your compliance with these Terms of Service, and solely for so long as you are permitted by us to access and use the Sites, or Mindspark Services, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Unless otherwise specified, modification or use of the content found on or accessed through the Sites for any other purpose, including use of any such content on any other Web site or networked computer environment is strictly prohibited.

The MyWay and Mindspark names and logos are the exclusive property of Mindspark Interactive Network, Inc.. All other trademarks appearing on the Sites or Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Sites or Mindspark Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Sites or in the Mindspark Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Except as expressly authorized by Mindspark, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Sites or any content (including without limitation any software) available through the Sites.

Changes To This Agreement
Mindspark may make changes to these Terms of Service from time to time in its sole discretion. Each time changes are made, revised Terms of Service will be posted on the Search.MyWay.com home page or the homepage for the related Toolbar Subdomains located at [Toolbar name].MyWay.com. You can determine when these Terms of Use was last revised by referring to the "Effective Date" legend at the top of these Terms of Service. Your continued use of the Sites following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement on this web page. Please check this page from time to time for current terms of use.

Our Privacy Policy
The information that we obtain through your use of the Sites, whether through a registration process or otherwise, is subject to our privacy policy which may be found here (the "Privacy Policy"). Among other things, the Privacy Policy sets forth our data collection and use policies. Please review the Privacy Policy before you use our Sites. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Sites.

Other Policies
Your use of the Sites is also subject to any other posted policies, disclaimers and/or guidelines.

Your License to Access Content on the Sites
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache and store content retrieved from the Sites via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Mindspark Services or remove or obscure the copyright notice or other notices displayed on the Sites or the content available through the Sites. You may not reproduce, print, cache, store, distribute or otherwise use any content retrieved from the Sites for any commercial use without the prior written permission of Mindspark or the copyright holder identified in the relevant copyright notice.

You agree not to modify the Sites or Mindspark Services in any manner or form, or to use modified versions of the Sites or Mindspark Services, including (without limitation) for the purpose of obtaining unauthorized access to the Mindspark Services or portions of the Services. You agree not to access the Mindspark Services by any means other than through the interface that is provided by Mindspark for use in accessing the Mindspark Services.

Except as expressly provided in these Terms of Service, nothing contained herein or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Mindspark's content or the content of any third party. Any rights not expressly granted herein are reserved to Mindspark.

No Automated Querying
You may not send automated queries of any sort to the Sites without express permission in advance from Mindspark. Note that "sending automated queries" includes, among other things:


You agree not to use the Sites or Services to:


a.    Post any posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b.    Harm or threaten to harm users in any way;
c.    "Stalk" or otherwise harass any other person or entity;
d.    Impersonate any person or entity (including a Mindspark agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
e.    Post any unsolicited or 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 Mindspark for such purpose;
f.    Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
g.    Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
h.    Violate any law (whether local, state, national, or international), whether or not intentionally;
i.    Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
j.    Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
k.    Interfere with or disrupt the Mindspark Services, our Sites, or servers or networks connected to our Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
l.    Collect or store personal data about other users;
m.    Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
n.    Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.


You acknowledge that Mindspark does not pre-screen postings, content or other results or materials which may be accessible on or via the Sites, but that Mindspark has the right, but not the obligation, to refuse to make available, to modify or to remove any postings, content, results or materials, or portions of any of the foregoing, in its sole discretion and at any time without notice.

You agree that your use of any information on the Sites is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the information.

If you choose to make any submission or communication to Mindspark or via the Sites, you agree that Mindspark may copy, distribute, display, publish, modify or translate such submission for any purpose and in any medium worldwide without any obligation to compensate you or any other third party in any way for any such use. Mindspark may grant other parties these same rights as to the submission.

Registration
Certain portions of the Sites may require users to register to access or use certain services. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the Mindspark 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 Mindspark Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or Mindspark has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, Mindspark has the right to suspend or terminate your access and refuse you any and all use of the Sites. Registrants have the right to terminate their account at any time by sending an e-mail to an address provided on the Sites.

Passwords and Security
Access to certain Mindspark Services require you to choose a user name (or nickname) 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 Mindspark 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. Mindspark cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Links to Other Web Sites
A central part of the Sites and Mindspark Services includes links to other World Wide Web sites or resources. Because Mindspark has no control over such sites and resources, you acknowledge and agree that Mindspark is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mindspark shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Mindspark has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Your Contact With Advertisers Or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the Sites or Mindspark Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Mindspark does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that Mindspark will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Sites. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Mindspark has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Electronic Delivery/Notice Policy and your Consent
By using MyWay.com and/or related Services, you consent to receive from Mindspark all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Mindspark may provide such electronic Contract Notices by posting them on MyWay.com. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of MyWay.com and Services.

Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Sites including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.

Modifications To Mindspark Services
Mindspark reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Sites or Mindspark Services (or any part thereof) with or without notice. You agree that Mindspark will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Sites or any Mindspark Services.

Termination of Your Access to MIndspark Site, Services
You agree that Mindspark, in its sole discretion, may terminate your access to any of the Sites or Mindspark Services, and/or remove, discard or modify any content within the Services, for any reason, including, without limitation, for lack of use or if Mindspark believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Sites or Mindspark Services may be effected without prior notice, and acknowledge and agree that Mindspark may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Sites or Mindspark Services. If you use the Sites in violation of these Terms of Service, Mindspark may, in its sole discretion, retain all data collected from your use of the Sites. Further, you agree that Mindspark shall not be liable to you or any third party for the discontinuation or termination of your access to the Sites or Mindspark Services.

Information Disclaimer and Disclaimer of Warranties
BY USING THE SITES OR MINDSPARK SERVICES YOU UNDERSTAND AND AGREE THAT:


A.    THE SITES AND MINDSPARK SERVICES ARE PROVIDED FOR PERSONAL AND INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. MINDSPARK AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITES.
B.    YOUR USE OF THE SITES AND MINDSPARK SERVICES IS AT YOUR SOLE RISK. THE SITES AND MINDSPARK SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MINDSPARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
C.    MINDSPARK MAKES NO REPRESENTATION OR WARRANTY THAT THE SITES OR MINDSPARK SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE THEREOF WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES OR MINDSPARK SERVICES WILL MEET YOUR NEEDS.
D.    ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITES OR MINDSPARK SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
E.    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITES OR THROUGH OR FROM THE MINDSPARK SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
F.    MINDSPARK EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY VENDORS.


Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT MINDSPARK IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITES OR MINDSPARK SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON THE SITES, OR (6) ANY OTHER MATTER RELATING TO THE SITES OR THE MINDSPARK SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT MINDSPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL MINDSPARK'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification of Mindspark
You agree to indemnify and hold Mindspark Interactive Network, Inc., its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) content you submit or that is submitted from your account, (b) your use of or reliance on the Sites or Mindspark Services, (c) your connection to the Sites, (d) your violation of these Terms of Service, or (e) your violation of any rights of another party.

Third Party Intellectual Property; Copyright Notifications
Mindspark respects the intellectual property of others, and we ask our users to do the same. Mindspark may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. Mindspark will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Mindspark's Copyright Agent with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):


If you believe that your work has been removed or disabled by mistake or misidentification, please provide the Mindspark’s Copyright Agent with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):


You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that Mindspark may ignore such incomplete or inaccurate notices without liability of any kind.

Under Section 512(f) of the Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Please contact Mindspark's Copyright Agent for copyright/intellectual property infringement notifications or counter-notifications at:

Mindspark Interactive Network, Inc.
1 North Lexington, 9th Floor
White Plains, NY, 10601
Attn: Legal Dept. - Copyright Agent
Email: dmca@mindspark.com


No Other Agreements Between Us
With the exception of our Privacy Policy, these Terms of Service constitute the entire agreement between you and Mindspark for governing your use of the Sites and Services and supersedes any prior agreements between you and Mindspark for that purpose, including any membership agreements or other similar agreements applying to the Sites or Mindspark Services.

Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Mindspark are governed by the laws of the State of New York without regard to its conflict of law provisions. You and Mindspark agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of New York County, New York.

Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Limitation of Actions Brought Against Mindspark
You agree that any claim or cause of action arising out of your use of the Sites or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Mindspark to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision.

Contact Information
If you have any questions or concerns with respect to these Terms of Service or our Sites, you may contact Mindspark at privacy@mindspark.com or by mail at:

MyWay.com
c/o Mindspark Interactive Network, Inc.
Attention: Legal Department
One North Lexington Ave., 9th Floor
White Plains, NY 10601


END OF DOCUMENT.


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