Terms of Service for My Safe Search


These terms of service apply to all services offered by My Safe Search. All prices are subject to VAT.

Where the context admits: "We" & "Us" includes My Safe Search, of United Kingdom or any party acting on My Safe Search implicit instructions. "You" & "Your" includes the person using and or purchasing the Services or any party acting on the your instructions. "Service" & "Services" includes all services offered by My Safe Search.

The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the personal / commercial relationship between you and us.


1. Your relationship with My Safe Search

1.1 Your use of My Safe Search products, services and web site referred to collectively as the "Services" in this document is subject to the terms of a legal agreement between you and My Safe Search.

1.2 Unless otherwise agreed in writing with My Safe Search, your agreement with My Safe Search will always include, at a minimum, the terms of Service set out in this document.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by My Safe Search in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that My Safe Search will treat your use of the Services as acceptance of the Terms from that point onwards.

2.4 Before you continue, you should print off or save a local copy of the Terms of Service for your records

3. Content in the Services

3.1 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to My Safe Search (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by My Safe Search or by the owners of that Content, in a separate agreement.

3.2 My Safe Search reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

3.3 Although My Safe Search does try to filter out content that may be offensive, indecent or objectionable you understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

3.4 You agree that you are solely responsible for (and that My Safe Search has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which My Safe Search may suffer) by doing so.

4. Proprietary rights

4.1 You acknowledge and agree that My Safe Search own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by My Safe Search and that you shall not disclose such information without My Safe Search prior written consent.

4.2 Unless you have agreed otherwise in writing with My Safe Search, nothing in the Terms gives you a right to use any of My Safe Search trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

4.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with My Safe Search, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms.

4.4 My Safe Search acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with My Safe Search, you agree that you are responsible for protecting and enforcing those rights and that My Safe Search has no obligation to do so on your behalf.

4.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

4.6 Unless you have been expressly authorized to do so in writing by My Safe Search, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

5. License from My Safe Search

5.1 My Safe Search gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service provided to you by My Safe Search. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by My Safe Search, in the manner permitted by the Terms.

5.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by My Safe Search, in writing.

5.3 Unless My Safe Search has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service.

6. Ending your relationship with My Safe Search

6.1 The Terms will continue to apply until terminated by either you or My Safe Search as set out below.

6.2 If you want to terminate your legal agreement with My Safe Search, you may do so by (a) notifying My Safe Search at any time and (b) closing your accounts for all of the Services which you use, where My Safe Search has made this option available to you. Your notice should be sent in writing.

6.3 My Safe Search may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) My Safe Search is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom My Safe Search offered the Services to you has terminated its relationship with My Safe Search or ceased to offer the Services to you; or

(D) My Safe Search is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by My Safe Search is, in My Safe Search opinion, no longer commercially viable.

6.4 Nothing in this Section shall affect My Safe Search rights regarding provision of Services.

7. Changes to the Terms of Service

7.1 My Safe Search may make changes to the Terms of Service or Additional Terms of Service from time to time. When these changes are made, My Safe Search will make a new copy of the Terms of Service available at http://www.mysafesearch.co.uk/terms.php and any new Additional Terms of Service will be made available to you from within, or through, the affected Services.

7.2 You understand and agree that if you use the Services after the date on which the Terms of Service or Additional Terms of Service have changed, My Safe Search will treat your use as acceptance of the updated Terms of Service or Additional Terms of Service.

8. Indemnity

8.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement.

9. Limitation Of Liability

9.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms of Service including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to o the extent applicable under UK law, subject always to sub clause 9.2.

9.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

9.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

9.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.

9.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

10. Notices

10.1. Any notice to be given by us to the you may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

11. Non-Waiver

11.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

12. Law

12.1. This Agreement shall be governed by and construed in accordance with Scottish law and you hereby submit to the exclusive jurisdiction of the Scottish courts.

13. Headings

13.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

14. Entire Agreement

14.1. These terms of Service together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms of Service. In agreeing to these terms of Service, you confirm that you have not relied on any representation other than those expressly stated in these terms of Service and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. In all cases it is your responsibility to keep your account personal details up to date and correct.


General Privacy Statement

My Safe Search respects the privacy of the personal information given to us, therefore personal details such as your name, street address and e-mail address, or any other business or personal information you may provide WILL NOT BE GIVEN OUT TO ANY THIRD PARTIES PERSONS OR COMPANIES, NOR WILL ANY INFORMATION BE SOLD OR GIVEN AS A GIFT TO ANYONE OUT SIDE OF My Safe Search. My Safe Search will converse with local authorities and law enforcement and no personal information will be given to these authorities unless specifically requested for in writing.

Sites linked off My Safe Search

My Safe Search site contains many links to other Internet interest sites on the Internet operated by other webmasters and companies. Therefore My Safe Search cannot control information nor the way other sites regulate their readers personal information. My Safe Search cannot be held responsible for the privacy policies or content of other web sites.


General

1.1 By using the Pay Per Click advertising feature of My Safe Search website you agree to be bound by the Terms of Service and these additional terms.

1.2 It is your responsibility to keep your username and password secure. If you have any doubt that your details are no longer secure you must contact us and notify us. Until then all charges on your account are your responsibility.

Payment

2.1 Payment notifications will be sent via email at the beginning of each month. It is your responsibility to login to your account and make payment via PayPal by the 14th of the month for the full notification amount.

2.2 Payments not received by My Safe Search by the 14th of the month will incur a £25 + VAT late payment fee and your account will be suspended until your account balance has been brought down to zero.

2.3 All payments must be made in GBP.

2.4 A £5 account activation fee will be added to your account upon registration. This is a onetime account setup fee and is payable even if you choose to cancel your account without creating any ads.

2.5 In order to create an account you must be 18 years or older.

2.6 Our decision is final regarding ad clicks and charges.

Cancelling your account

3.1 In order to cancel your account you must do so by requesting account cancelation from within the My Account section of your account.

3.2 your account balance must be paid before you account can be cancelled.


General

1.1 By using submit URL service of My Safe Search website you agree to be bound by the Terms of Service and these additional terms.

1.2 All URL’s submitted must be of safe content for children.

1.3 Our decision is final regarding the acceptance of URL’S submitted.

1.4 Payment for URL’S submitted is classed as a processing fee and URL’S that are rejected will not be subject to a refund based on that the URL has been processed and a decision made relating to the URL being rejected or accepted and indexed.

1.5 My Safe Search have the right to remove your URL from our service at any point without giving reason.






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