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.