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Terms

*NOTE: To view full Terms & Conditions, do NOT view using a mobile device (i.e. cell phone, tablet, etc.); view using actual desktop or laptop computers.

WELCOME TO SEEKORSERVE. We hope you find it useful. By accessing our servers, websites, or content therefrom (together, "SOS"), you agree to these Terms of Use ("TOU"), last updated July 03, 2014.

LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access SOS in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from SOS, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with SOS, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI").

MODERATION. You agree we may moderate SOS access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules are incorporated herein.

SALES. You authorize us to bill you for SOS fees when applicable. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) we make no promise as to SOS, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and SOS is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm (in any and all forms tangible &/or intangible) resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your SOS use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATES, ASSOCIATES ("SOS ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) SOS ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your SOS use is governed by California ("CA") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in San Francisco, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against SOS Entities; (6) (except government agencies) to indemnify SOS Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your SOS use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

MISC. Users complying with prior written licenses may access SOS thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. 

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PRIVACY POLICY. This policy details how data about you is collected/used/disclosed when you visit our websites and services (together, "SOS") or otherwise interact with us. If we update it, we will revise the date, place notices on SOS if a change is material, and/or obtain your consent as required by law.  You acknowledge that you have read, understand, and agree to the privacy policy as follows:

1. Protecting your privacy

  • We take precautions to prevent unauthorized access to or misuse of data about you.
  • We do not share your data with third parties for marketing purposes.
  • We strongly encourage you to use another email address (gmail, yahoo, hotmail, etc.) for posting and communicating when using SOS.

2. Data we use to provide/improve our services and/or combat fraud/abuse:

  • data you post on SOS, or send us directly or via other sites. Please do not post private data.
  • credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
  • data you provide (e.g. email address, name, address, phone, fax, photos, tax ID).
  • web log data (e.g. pages viewed, access times, IP address, HTTP headers).
  • data collected via cookies (e.g. keyword searches and "favorites" lists).
  • data about your devices (e.g. screen size, DOM local storage, plugins).
  • data from 3rd parties (e.g. phone type, general location derived from IP address).

3. Data we store

  • We retain data as long as needed for our business purposes and/or as required by law.
  • We make good faith efforts to store data securely, but make no guarantees.
  • You may access and update certain data about you by logging into your account.

4. Circumstances in which we may disclose user data:

  • to vendors and service providers (e.g. payment processors) working on our behalf.
  • to respond to subpoenas, court orders, or other legal process.
  • to protect our rights, property, or safety, or that of our users or the general public.
  • with your consent (e.g. if you authorize us to share data with other users).
  • in connection with a merger, bankruptcy, or sale/transfer of assets to another company.
  • in aggregate or summary form, as long as it cannot reasonably be used to identify you.

International Users - By visiting SOS or providing us data, you agree we may use and disclose data we collect for purposes listed here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States. For more information please contact us via http://seekorserve.com/go/contact.

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CLAIMS OF INFRINGEMENT. NOTIFICATION OF CLAIMS OF INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY

If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify us via email at contact@seekorserve.com

Please provide the following Notice in a scanned email attachment (.pdf, .jpg, or .doc file format), which shall include each of the following:

a) Identification of the copyrighted work you claim has 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;

b) Identification of the material on the SeekOrServe site that you claim is infringing, with enough detail so that we may locate it;

c) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

d) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

e) Your address, telephone number, and email address; and

f) Your physical or electronic signature.

Your Notice will be subject to The Digital Millennium Copyright Act (DMCA). 

Under appropriate circumstances, SeekOrServe may terminate the accounts of repeat infringers.

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PROHIBITED. You agree that all users of SOS must comply with all applicable laws, the SOS terms of use, and all posted site rules.

Here is a partial list of goods, services, and content prohibited on SeekOrServe ("SOS"):

  • any good, service, or content that violates the law or legal rights of others
  • false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
  • offensive, obscene, defamatory, threatening, or malicious postings or email
  • anyone’s personal, identifying, confidential or proprietary information
  • spam; miscategorized, overposted, cross-posted, or nonlocal content
  • postings or email the primary purpose of which is to drive traffic to a website
  • weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
  • ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
  • US military items not demilitarized in accord with Defense Department policy
  • child pornography; bestiality; offers or solicitation of illegal prostitution
  • pet sales (re-homing with small adoption fee ok), animal parts, stud service
  • food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
  • alcohol or tobacco; unpackaged or adulterated food or cosmetics
  • prescription drugs, medical devices; controlled substances and related items
  • recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing
  • stolen property, property with serial number removed/altered, burglary tools, etc
  • ID cards, licenses, police insignia, government documents, birth certificates, etc
  • counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
  • lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
  • postings or email offering, promoting, or linking to unsolicited products or services
  • affiliate marketing; network, or multi-level marketing; pyramid schemes

Please don't use SOS for these purposes, and report anyone else you see doing so by contacting us via http://seekorserve.com/go/contact 

Thanks for helping keep SeekOrServe safe and useful for everyone.