Terms of Service

Last updated October 22, 2007

This Terms of Service ("Terms of Service") govern your use or access of the website made available on www.emailsearch.com (the "Site").

BY USING OR ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE. This Terms of Service sets forth the entire agreement between you and People Search Ventures, Inc., a Delaware corporation ("People Search"). People Search is alternately referred to as "we" or "our" in this Terms of Service. This contract is triggered by access of the Site and by your viewing of any content, clicking on links, or otherwise using the Site – i.e., your access to and use of the Site is expressly conditioned on your compliance with this Terms of Service and agreement hereto.

Please note that this Terms of Service limits our liability and we do not provide warranties with respect to the Site. This Terms of Service also limits your remedies. Such warranty disclaimers and limitations are covered in Sections 5 and 6, and we urge you to read them carefully.

People Search grants you a limited non-exclusive, revocable license to access the Site for strictly internal and personal purposes. People Search owns and retains, to the fullest extent of the law, all intellectual property and rights in the Site including, but not limited to, copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You will not reproduce (except for in your browser cache), distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Site, its code, or any proprietary information on the Site, or any intellectual property or other proprietary rights in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Site.

You acknowledge that we may terminate, limit, cancel, block or suspend your access to the Site at any time and for any reason, with or without cause and with or without notice. Without limiting the foregoing, we may simply take the Site off-line or restrict access to it.

You may be able to access third party websites or services via the Site, including when you enter information on the Site (such as when you conduct a search). People Search does not endorse any such third party websites or services and you use all such sites or services at your own risk.

We provide the Site "as-is," with all faults and as available. We give no express warranties, guarantees, or conditions. To the extent permitted by law, we disclaim any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, we do not warrant that the Site, or any content or links thereon will be accurate, error-free, virus-free, or uninterrupted or that it will meet your requirements. You may have additional consumer rights under your local laws that this Terms of Service cannot change.

People Search's aggregate liability to you for any and all claims related to the Site or your use of the Site is limited to ($100.00). People Search will not be liable to you or any third parties for any indirect, consequential, lost profits, special, or incidental damages resulting from your access to or use of – or inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Service or any part thereof) – the Site or content, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. These limitations apply to any matter related to: the Site or its content; third party websites, programs or conduct; viruses or other disabling features; incompatibility between the Site and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Site in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or if we knew or should have known about the possibility of the damages.

Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

People Search recognizes the value of your privacy. Please refer to People Search's privacy policy to review how People Search handles your personal identifiable information. Such Privacy Policy is incorporated herein by reference.

You agree to indemnify and hold People Search and its affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Site, and (ii) your violation or infringement of any third party rights, or injury caused by you to any third party, in connection with your use of the Site.

The following sets forth People Search's DMCA notification/take down policy. If you believe that your copyrighted material has been infringed by any content appearing on or accessible from the Site, you should follow these procedures.

Notification:

To file a copyright infringement notification with People Search, 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 Copyright Act to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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 is the best way to help us locate content quickly.
4. 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.
5. 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.
6. 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.

Such written notice should be sent to our designated agent as follows:

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification:

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. The physical or electronic signature of the member or user.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or King County, Washington if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of members or users who are repeat infringers.

You understand and agree that this Terms of Service and any notices given pursuant to this Terms of Service are enforceable in electronic format. This Terms of Service constitute the complete agreement and supersedes all prior agreements between you and People Search with respect to the Site. This Terms of Service are governed by the laws of the State of Washington, U.S.A., without regard to its conflict of laws provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Seattle, Washington; to which jurisdiction and venue you and People Search each irrevocably consent. If any provision of this Terms of Service is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions will remain in full force and effect. You may not assign or transfer rights under this Terms of Service, or delegate any duties. People Search retains the right to assign its rights under this Terms of Service or delegate its duties in connection with a merger, reorganization, or sale of the Site or substantially all of People Search’s assets. This Terms of Service will bind successors and permitted assigns.

EMAILSEARCH.COM, PEOPLE SEARCH VENTURES and other People Search graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks or trade dress of People Search Ventures, Inc. or its affiliates in the U.S. and/or other countries. People Search’s trademarks and trade dress may not be used in connection with any product or service that is not People Search’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits People Search. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.