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Babieca Services and, its subsidiaries and affiliates
provide you with access to this Web site and the services available on this
Web site, or other Web sites as indicated below, (collectively, the "Services,"
which will be defined more under the Section, "Services."). Access to and
use of the Services is governed by these Terms of Use (the "Agreement").
By accessing or using the Services, you indicate your assent to be bound
by the Agreement, and your acknowledgment of and agreement to its terms.
Services The Services include babieca Search (located at www.babieca.com)
(the "Search Services"). The Services may also be located on third party
web sites and/or applications either as a link from an add-on service to,
or otherwise in connection with, Web sites and/or applications that such
third parties control. Our Search Services enable you to search the World
Wide Web for anything that interests you. We may provide you with search
listings of advertisers of Babieca (as well as search listings provided to
Babieca by a third party to supplement the advertiser listings) that help
you find what you are looking for. A little more detail: The Services act
as a system or venue to introduce you to buyers and sellers of goods and
services and providers of information. Babieca uses reasonable efforts to
ensure the availability of the information and content, including links,
that it makes available through the Services. However, the Services are composed
of content not offered by Babieca. Babieca does not control (i) the quality,
safety or legality of items available through or on its advertisers' Web
sites or sites of third parties not in privity of contract with babieca,
(ii) the truth or accuracy or legality of the content from those advertisers
or those third parties (even if such content appears on the Services), or
(iii) the availability or technical capabilities of their Web sites or links
to those Web sites. Babieca is not liable or responsible for content supplied
or approved by third parties, or for actions you might take in reliance on
that content. Nothing contained in any of the Services is an offer or promise
to sell a specific product for a specific price or that any advertiser will
sell any product or service for any purpose or price or on any specific terms.
Babieca does not guarantee the price, terms, product, availability and/or
services offered by any advertiser. For all of the Services, Babieca is not
involved in any transactions between you and any of its advertisers, and
is not responsible for, and does not guarantee the price or performance of
any goods, services or information provided by advertisers. If you have a
dispute with one or more advertisers, you agree to release and hereby release
Babieca (and babieca's officers, directors, agents, subsidiaries, affiliates,
employees, successors, assigns, content providers and service providers)
from claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes. Only Personal
Use is Authorized Under this Agreement, Babieca gives you limited permission
to access and use the Services only for your personal use, and to copy, distribute
and transmit the content of the Services only to the extent that such copying,
distribution, and transmission is automatically done through your browser
software incidentally to using the Services for your personal use. You may
also print a copy of the information displayed on the Services for your personal
use. That means, that except as set forth above, you may not modify, reformat,
copy, display, distribute, transmit, publish, license, create derivative
works from, transfer or sell any information, products, or service obtained
by your use of the Services. This restriction means, among other things,
that you may not mirror on your own Web site any portion of the Services
or display through your own Web site any results pages or other information
from the Services without Babieca's express permission. Your right to access
the Services is subject to any limits established by Babieca. You agree that
you will not use any automated means, including, without limitation, agents,
robots, scripts, or spiders, to access, monitor or copy the Services except
those automated means expressly made available by Babieca, if any, or authorized
in advance and in writing by Babieca. The babieca Web Site contains robot
exclusion headers and you agree that you will not use any device, software
or routine to bypass our robot exclusion headers, or to interfere or attempt
to interfere with the proper working of the Services. Without limitation
to the foregoing, you further agree that you will not take any action that
imposes an unreasonable or disproportionately large load on our infrastructure
(as determined by Babieca). The technology underlying, and content within,
the Services is owned by babieca and/or its licensors (including Babieca's
advertisers and other content providers) and is protected by copyright and
other intellectual property or proprietary rights. If you use the Services
other than as provided above, you may violate copyright and other laws of
the United States, other countries, as well as applicable state laws and
may be subject to penalties. That would not be a good thing. As between you
and Babieca, Babieca owns and retains all ownership of the technology underlying
and content within the Services, and reserves all rights not explicitly granted
to you in this Agreement. Disclaimer of Warranties THE SERVICES ARE PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND. babieca DISCLAIMS ANY WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Babieca's Potential
Liability for the Services is Limited NEITHER Babieca NOR ANY OF ITS OFFICERS,
DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS,
CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES,
OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. Babieca WILL NOT BE LIABLE
FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR
INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED
TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Babieca,
ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE
PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Babieca does not arbitrate or resolve trademark disputes among Babieca's
advertisers or between those advertisers and third parties. However, Babieca
will promptly comply with an order of a court of competent jurisdiction concerning
a trademark issue. Babieca occasionally receives requests to remove listings
from within the Services. Babieca reserves the right to address such requests
on a case-by-case basis. Objectionable Material and Family Filtering Babieca
encourages you to use discretion when browsing the Internet or using the
Services. The Services may contain information that you find objectionable,
harmful, deceptive or otherwise inappropriate, especially for children. If
this is a concern for you, Babieca encourages you to use the adult filtering
service that may be provided by Babieca. To ensure you do not receive offensive
material, nevertheless, you must install your own filtering software if you
wish to limit the content available through the Services. If you come across
any site that you believe contains child pornography or other illegal material,
please contact termsofuse@Babieca.com
and we will contact the authorities as appropriate. Babieca does not collect
personally identifying information from users of the Services unless users
have explicitly given such information to Babieca (for example, when becoming
an advertiser or when sending us an e-mail with a question or as part of
a contest). Babieca's information practices are further described in its
privacy policy. Babieca's privacy policy is part of this Agreement, and you
agree that use of data as described in the privacy policy is not an actionable
breach of your privacy or publicity rights. If you have entered into another
agreement with Babieca (such as an Affiliate Agreement or an Advertiser Agreement),
then you may be subject to additional or different provisions regarding privacy
and data collection. If you would like more information, please read our
privacy policy. You should consider any communication that you transmit to
Babieca (such as data, questions or answers, comments, or suggestions) as
non-confidential, and agree that Babieca will not be liable or responsible
if information that belongs to you is intercepted and used by an unintended
recipient. Control over Features, Functions, and Access to the Services Babieca
reserves the right to change any information, features and functions of the
Services without prior notice. Babieca may deny you access to all or part
of the Services without prior notice if you engage in any conduct or activities
that Babieca determines, in its sole discretion, violate this Agreement,
the rights of Babieca or any third party, or is otherwise inappropriate.
Babieca's failure to exercise or enforce any right or provision of the Agreement
will not be deemed to be a waiver of such right or provision. If any provision
of this Agreement 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 this Agreement remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Services must be filed within one (1) year
after such claim or cause of action arose or be forever barred. Arbitration
Any controversy or claim arising out of or relating to this Agreement or
the Services will be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any
such controversy or claim must be arbitrated on an individual basis, and
must not be consolidated in any arbitration with any claim or controversy
of any other party.
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