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TERMS OF SERVICE
This page states the terms and conditions under which you may use the DiggStars service. By using the Service you agree to be bound by all of the terms and conditions set forth below. If you do not accept these terms and conditions, please do not use the Service. We may, in our sole discretion, revise these terms and conditions at any time. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE OR OTHERWISE ACCESS THE SITE. Content Linked to by DiggStars The sites displayed as search results or linked to by DiggStars are developed by people over whom we exercise no control. The search results are indexed by our automated machinery and computers, and we cannot and do not screen the sites before including them in the indices from which such automated search results are gathered. A search using DiggStars may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by DiggStars. Personal Use Only DiggStars is made available for your personal, non-commercial use only. You may not use DiggStars to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a DiggStars search and reformat and display them, or mirror any DiggStars page or results pages on your Web site. You may not "meta-search" DiggStars. No Automated Querying You may not send automated queries of any sort to DiggStars. Note that "sending automated queries" includes, among other things: using any software which sends queries to DiggStars to determine how a website or webpage "ranks" on DiggStars for various queries; and performing "offline" searches on DiggStars. Privacy Policy Your use of DiggStars is subject to the site's Privacy Policy. Changes In Terms and Conditions We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Intellectual Property Policy It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here. Indemnity You agree to hold harmless and indemnify Google, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of DiggStars, violation of these Terms of Service or any other actions connected with use of DiggStars, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, you will be provided with written notice of such claim, suit or action. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF DiggStars IS AT YOUR SOLE RISK. DiggStars IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE 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. WE MAKE NO WARRANTY THAT (i) DiggStars WILL MEET YOUR REQUIREMENTS, (ii) DiggStars WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DiggStars WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DiggStars WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DiggStars 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 DiggStars SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL 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 DiggStars; (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 DiggStars; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DiggStars; OR (v) ANY OTHER MATTER RELATING TO DiggStars. 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 MAY NOT APPLY TO YOU. No Third Party Beneficiaries You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service. Notice You agree that we may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on DiggStars. P> General Information Entire Agreement. The Terms of Service constitute the entire agreement between you and us and govern your use of DiggStars, superceding any prior agreements between you and us. Choice of Law and Forum. The Terms of Service and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and us agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 of Service remain in full force and effect. Statute of Limitations. 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 DiggStars or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect. |
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