- INTRODUCTION AND ACCEPTANCE OF TERMS
Serchen Interactive and associated brands (as listed http://www.serchen.com/brands/) are part of the Serchen Ltd Network. For the purpose of this document the names can be used interchangeably.
Serchen Interactive's Services are offered subject to the following terms and conditions ("Terms"), which may be amended by Serchen Interactive from time to time without notice to you. By using the Services, you agree to the Terms. If you do not agree, you may not use the Services. It is your responsibility to review these Terms from time to time so you will be apprised of any change. In addition, use of particular Services may be subject to additional terms and conditions, which will be available in connection with such Services. Unless otherwise agreed to in writing between you and Serchen Interactive, the Terms, as amended, shall govern your use of Serchen Interactive's World Wide Web site and all Services. Please note that at any time, if it is determined by Serchen Interactive that you have abused or violated the letter or intent of any of these terms, conditions and guidelines, Serchen Interactive reserves the right to terminate your account immediately without notice.
- REGISTRATION; PASSWORDS AND SECURITY
In order to use certain Services, Serchen Interactive requires that you register. In registering, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form(s) and (b) maintain and promptly update the information. If you provide any information that is untrue, inaccurate, not current or incomplete, or Serchen Interactive has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Serchen Interactive has the right to refuse any and all current or future use of the Services (or any portion thereof) by you. By completing the registration you also agree to be bound by any terms provided in the registration process, these Terms and any terms applicable to the Services for which you register. In certain cases you will receive or designate a user name and password. You are responsible for maintaining the confidentiality of the user name and password, and are responsible for all activities that occur under your user name and password, whether or not authorized by you. Serchen Interactive will not be liable for any loss or damage arising from your failure to comply with this Section.
- RULES FOR AND LIMITATIONS ON USE OF THE SERVICES
Serchen Interactive may establish rules for and limitations on use of the Services. Serchen Interactive reserves the right to change these rules and limitations at any time, in its sole discretion, with or without notice. Serchen Interactive may modify or discontinue, temporarily or permanently, the Services (or any part thereof) and may remove content from the Services, with or without notice to you. Serchen Interactive will not be liable to you or to any third party for any modification or discontinuance of the Services or removal of content from the Services. You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. You agree to comply with all applicable treaties, laws, rules and regulations. Information provided by Serchen Interactive is not warranted to be accurate or complete, and will not constitute a warranty or representation by Serchen Interactive.
As a user of the Services, you agree to use the Services only for lawful purposes. Use of the Services for or in conjunction with the transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services:
- In any manner prohibited by law or regulation;
- To impersonate Serchen Interactive personnel or any other person;
- To use another user's, or to allow another person to use your, login or password or account information;
- To post or send any bulk unsolicited email;
- To violate the security or interfere with the operations of Serchen Interactive, whether intentionally, negligently or otherwise;
- To access any data, server or account which you are not authorized to access;
- To test the vulnerability or breach the security or authentication measures of any system or network; or
- To interfere with the Services provided to anyone else.
Serchen Interactive, in its sole discretion, may terminate your use of the Services for any reason without prior notice. You acknowledge and agree that Serchen Interactive may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to the Services. Serchen Interactive will not be liable to you or any third party for any termination of your access to the Services.
- DEALINGS WITH SERCHEN INTERACTIVE PARTNERS
Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other entity. You agree that Serchen Interactive shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services.
The Services may provide links to other World Wide Web sites or resources. Serchen Interactive has no control over or responsibility for such sites and resources. You agree that Serchen Interactive 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. Serchen Interactive provides the links to you only as a convenience and inclusion of any link does not imply endorsement of the site.
- SERCHEN INTERACTIVE'S PROPRIETARY RIGHTS AND LIMITED LICENSES
You acknowledge and agree that the Services and any content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site and software used in connection with the Services ("Software") contain proprietary information that is protected by applicable intellectual property and other laws and, as between you and Serchen Interactive, Serchen Interactive shall own all right, title and interest in and to all proprietary information embodied in the Services and the software subject only to the express licenses granted herein. Except as expressly authorized by Serchen Interactive, you may not modify, rent, lease, loan, sell, distribute, transmit, publish or create derivative works based on the Services or Software, in whole or in part.
Subject to the Terms, Serchen Interactive grants you a personal, non-transferable and non-exclusive, limited right and license to access and use the Software and the Services as provided to you by Serchen Interactive on a single computer; 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, distribute, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to 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 Services.
- VIOLATION OF TERMS OF SERVICES
In the event of any actual or potential violation of the letter or intent of the terms or conditions of these Terms, Serchen Interactive reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided by Serchen Interactive, to block any prohibited activity, or to take any other actions as deemed appropriate by Serchen Interactive in its sole discretion. Users who violate these Terms may additionally incur criminal and/or civil liability. Serchen Interactive may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.
You agree to indemnify, defend and hold harmless Serchen Interactive, its affiliates, officers, directors, employees, consultants and agents from any and all claims, liability, damages and/or costs (including without limitation attorneys' fees and legal costs) arising from your use of the Services or Software, or from your violation of the Terms. Payment by you under this provision will not prevent Serchen Interactive from obtaining other legal or equitable remedies against you.
- DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the services and the software is at your sole risk. The services and the software are provided on an "as is" and "as available" basis. Serchen Interactive expressly disclaims 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.
Serchen Interactive makes no warranty that (i) the services or the software will meet your expectations, (ii) the services or the software will be uninterrupted, timely, secure, or error-free or (iii) any errors in the services or software will be corrected.
Any material downloaded or otherwise obtained through the use of the services 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.
- LIMITATION OF LIABILITY
You agree that Serchen Interactive shall not be liable 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 Serchen Interactive has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services and/or the software; (ii) the cost of procurement of substitute goods and services resulting from the services and/or the software; (iii) unauthorized access to or alteration of your account by anyone other than Serchen Interactive; (iv) statements or conduct of any third party on the services; or (v) any other matter relating to the services or software.
- TRADEMARK INFORMATION
Serchen Interactive and the Serchen Interactive logo and other Serchen Interactive products and services names are trademarks, service marks or logos, as applicable, of Serchen Interactive (the "Serchen Interactive marks"). Other trademarks, service marks and logos used in the services or software are the trademarks, service marks or logos of their respective owners. No right to use any trademark, service mark or logo of Serchen Interactive or any other person is granted under these terms.
- INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Services.
- REFUND POLICY
Refunds may be given at the discretion of the management.
- REGISTERED OFFICE
Filer Knapper LLP
10 Bridge Street
Registered in England and Wales
Registration Number: 4239871