TERMS OF SERVICE

Welcome to Seekadoo! Please review these Terms of Service (“Terms”), which govern your use of the website and services provided by it.

The website www.seekadoo.com (the “Site”) provides a search engine that will only search pre-approved sites and a browser that will only access those sites (the “Service”). Further, search results will not show adds and the Service blocks most adds on the visited sites. The Terms describe the conditions under which this Service is being made available to you, and your access to and use of the Site and the Service. Read the Terms carefully. By using the Service, you will be deemed to have accepted it. If you do not accept the Terms, you may not use this Service.

In this document, “we” or “us” means Blindcut LLC and its owners, managers, officers, employees, partners, agents, representatives, affiliates, contractors, service providers, and/or designees; “both of us” means both you and us; “Terms of Service” or “Terms” means these Terms of Service and documents incorporated by reference; “Service” means the service we provide you at the Site; “Site” means www.seekadoo.com and any other website designated by us as being subject to the Terms; “you” means the person or company using the Services; and “Content” means information, data, text, software, music, sound, photographs, graphics, video, messages, images or other materials made available or accessible through the Service by you or other users of the Service.

THE SERVICE

The Service is intended to provide children an age-appropriate internet experience. Only those sites that we have reviewed and approved will be searchable and accessible through the Service. A parent or legal guardian may include additional sites that their child may access, although we reserve the right to block any site that we consider inappropriate. The Service is also designed to block ads both from the search results and from the sites visited by the user. From time to time we will provide updates and new features to the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to the Terms. While the Service is designed to limit user’s searching of and access to only those sites that we have pre-approved, given the nature of the internet it is possible that other sites may be accessed through the Service. It is also possible that you may determine that certain pre-approved sites are not appropriate for your child. Accordingly, we assume no responsibility for your use of the Service, the functionalities or performance of the Service, Service search results or any sites accessible through the Service. You are responsible for obtaining access to the Service and that access may involve third party fees (such as internet service provider or airtime charges), and you are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Acquisition of Use Rights.

You acquire rights to use the Service subject to these Terms by enrolling in the Service at www.seekadoo.com/ registration and paying the applicable registration fee. Continued use of the Service may require your payment of periodic fees in the future in accordance with our rate structure then in effect. Paragraph 7 below discusses rates, charges and payments.]

USE OF SERVICE

You may only use the Service only for your own personal, non-commercial purposes. Use of the Service for any public or commercial purpose (including, without limitation, use of the Service for the benefit of third parties) is strictly prohibited. As between you and us, we own the Service and the Site, which are protected under United States and international copyright laws. Any unauthorized use of the Service or the Site may violate copyright, trademark, and other laws. You may not use the Service for illegal purposes or in any manner that is prohibited by these Terms. You shall not post or transmit through the Site any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless we have expressly approved such material in advance of its transmission. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying the Site is expressly prohibited. The Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

YOUR REGISTRATION OBLIGATIONS

Certain portions of the Service may require registration and provision by you of certain information regarding yourself to us. If you register, you represent that you are at least 18 years old and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You must: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

MEMBER ACCOUNT, PASSWORD AND SECURITY

You may receive or create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account designation, and are fully responsible for all activities that occur under your password or account. You must (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

PRIVACY POLICY; USE OF YOUR INFORMATION

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at www.seekadoo.com. We may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Termsof Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of us, our users or the public as required or permitted by law, or (e) respond to your requests for customer service.

BILLING - TAXES

You agree to pay all charges, recurring fees, applicable taxes and other charges (collectively herein “Charges”) incurred by you at the rates in effect for the billing period in which those charges are incurred. Charges may include among other things, fees for access based on usage of the Service. We may change rates or institute new charges at any time upon 30 days prior notice; relevant information will be posted at www.seekadoo.com/prices or otherwise provided to you by us.

For most billing plans we will charge your designated credit card monthly. You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone who is using an authorized user account that you have caused to be created or for which you have otherwise indicated your agreement to be responsible for payment. This means that, unless your account or credit card information is obtained unlawfully or fraudulently, you will be responsible for all usage and purchases made on your card.

Initial payment for usage are normally prepaid. Payments for additional usage is due prior to commencement of such usage. If your account is delinquent, your account (and accordingly use of the Service) may be suspended or canceled at our sole discretion. If your account is suspended, regular charges continue to accrue until you cancel your account. We may, at our sole discretion, charge a fee to reinstate a suspended account. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance which is more than 30 days old. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.

You should let us know about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. Additionally, if any charges are being collected by us on behalf of a supplier, then such supplier will be an express third party beneficiary of this Section.

All currency references are in U.S. dollars. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You, and not us, are responsible for any such taxes, levies, or duties related to your transactions, excluding only our United States federal or state income taxes.

INDEMNITY

You hereby indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, consultant and agents harmless from any claim or demand (including reimbursing us any reasonable attorneys' fees incurred by us in the defense of any such claim or demand), made by any third party due to or arising out of your use of the Service, your violation of the Terms, or your violation of any rights of another. We retain the right to retain counsel of our choosing in our sole discretion. Furthermore, you must cooperate in good faith to assist us in our defense and any settlement negotiations related thereto, and to reimburse us for reasonable settlement amounts, if any.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service. We may modify these general practices and limits from time to time.

MODIFICATIONS TO SERVICE

We may at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

We may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination will include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, all terminations for cause will be made in our sole discretion and we will not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

THIRD PARTY WEB SITES

The Service will enable you to access other web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any Content, products, or other materials on or available from such sites or resources. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content or services available on or through any such site or resource.

OUR PROPRIETARY RIGHTS

The Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

You may not access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

In general, the Service is provided in a manner which does not result in your downloading or using any of our Software. In the event that we do, however, provide you with Software (such as a plug-in or similar item), we grant you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer in connection with your access to the Service; 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 Software. You may not modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You may not rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part. You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your account name), use of the Service, or access to the Service.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF YOUR SEARCH ON OUR SITES MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. WE MAKE NO CLAIM THAT SUCH RESULTS MIGHT NOT OCCUR.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

All payments are non-refundable, and that no refunds will be due to you for any reason, even if, without limitation, you are not satisfied with the Service, you are not able to access the Service, the Service changes, or we freeze, change, or terminate your membership.

LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DEL A Y IN OPERA TION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT NEITHER WE NOR OUR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.

NOTICE

We may provide you with notices, including those regarding changes to the Terms, by either email, regular mail, or postings on the Service.

Any notice you desire to send to us must be sent exclusively by submitting an electronic message through the Contact section, unless explicitly instructed to do otherwise in the Terms.

TRADEMARK INFORMATION

“SEEKADOO”, BLINDCUT” are our trademarks and service marks (the “Marks”). Without our prior permission, you may not display or use in any manner, the Marks.

GENERAL INFORMATION

Entire Agreement. The Terms constitutes the entire agreement between both of us and governs your use of the Service, superseding any prior agreements between both of us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content, or third-party software.

Choice of Law and Forum. The Terms and the relationship between both of us will be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. Your exclusive forum for bringing any claim or cause of action against us is the courts located in the City of Boston, Massachusetts U.S.A. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient forum. Nothing limits our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within ninety (90) days (or, if different, the minimum amount of time permitted by law) after such claim or cause of action arose or be forever barred.

Arbitration. Notwithstanding anything herein, if we elect in our sole discretion to resolve any claim through arbitration, you must cooperate fully with and be bound by such arbitration, without further recourse of any kind. The American Arbitration Association (“AAA”) will preside over such arbitration. Such arbitration will be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. All proceedings will take place in the City of Boston metropolitan area. If there is a conflict between the rules of the AAA and any provision of the Terms, the Terms will govern. You are responsible for all costs that you incur in the arbitration, including without limitation, expert witnesses or attorneys. The reasonable filing fees and arbitrator’s costs and expenses will be advanced by us. However, if the arbitration is decided in our favor, you must reimburse us for all of our fees, costs, and expenses related to the arbitration, including without limitation, all fees, costs, and expenses related to filing, arbitrators, expert witnesses, attorneys, and other third parties.

Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

No Third Party Beneficiaries. Except as otherwise expressly provided in the Terms, there will be no third party beneficiaries to the Terms.

Restrictions on Assignment. These Terms and all of the rights, interest or obligations hereunder may be not assigned, directly or indirectly, including, without limitation, by operation of law, by either of us, without the prior written consent of the non-assigning party, not to be unreasonably withheld, delayed or conditioned; provided, however, either party may assign the Terms without any such requirement of consent, in whole or in part to any affiliate, subsidiary or successor in interest in the event of a merger, consolidation, acquisition, reorganization, change in control or otherwise, provided that: (i) the assigning and acquiring entity notify the non-assigning party at the time of such assignment and the acquiring entity agrees in writing to be bound by the Terms, and (ii) the acquiring entity is not a competitor of the non-acquiring entity.

Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

ACCEPTING THE TERMS

Agreement to Terms. In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms. You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by us in the user interface for the Service, or by actually using the Service. You agree that we will treat your use of the Service as acceptance of the Terms from that point onwards.

Eligibility to Use the Service. You may not use the Service and may not accept the Terms if (a) you are not of legal age (either under the laws of the Commonwealth of Massachusetts or the laws of the jurisdiction of which you are a resident or from which you use the Service) to form a binding contract with us, or (b) you are a person barred from using the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.

Use by Minors. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the Terms in order for such Minor to use the Service. A parent or guardian who accepts the Terms on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the Terms, including any payment obligation. A parent or guardian who accepts the Terms on behalf of a Minor will continue to be primarily liable for the obligations mentioned in the Terms even when the Minor has attained the age of 18, unless the parent or guardian obtains our express written consent to the contrary.

Representation of Eligibility. In any of the above cases, you represent that you satisfy all of the above eligibility conditions. If you do not satisfy the above conditions, or if you do not agree with the Terms, you may not use the Service or any portion thereof; in that case we may also terminate the Terms and your use of the Service immediately without liability to you.

Acceptance by Electronic Submissions. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

Amendment and Updating of THE TERMS

We may desire to make changes to these Terms from time to time to update them, for example to add references to different products or services. We may specify amended or updated terms that apply to the use of Service after the effective date of such amendment or update, and we will make a new copy of these Terms available to you and may require you to accept it as a condition to the continued provision of the Service to you. In addition, the continued use of the Service after receipt of such amended Terms will constitute your agreement to such Terms.