Last Updated: April 2008

Welcome to (!)Yureekah™, a proprietary online advertising search engine located at www.yureekah.com and other related domains from which this website is operated by Operator from time to time (the "Website")" (the "Website") and operated by Yureekah LLC, a Delaware limited liability company (“Operator”, "we", "our", or "us"). The Website enables anonymous visitors to the Website ("Visitors") to make use of its general functionality, and Visitors who are at least eighteen (18) years of age and not a minor in their state of residence, and who affirmatively indicate their agreement to abide by these Terms of Use (the “Agreement’”) by means of a click-through consent (“Registrants”), to use customized functionality and features of the Website, such as the archiving of search engine results. Registrants and Visitors shall be collectively referred to herein as “you” or “your”. The Agreement sets forth the terms and conditions which govern your use of the Website.

Please read the Agreement carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in the Agreement. If Visitors do not wish to be bound by the Agreement, they are not authorized to use the Website.

We reserve the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to the Agreement have been made by updating the date indicated after “Last Updated” at the beginning of the Agreement. If you do not agree to abide by any modified version of the Agreement, you are not authorized to use the Website. A current version of the Agreement is accessible via the footer of the Website’s homepage.

1. Registration. 

1.1 Registrant Profile; Password. Registrants will receive a user ID and password (“Registrant Profile”) to access their registration account (“Account”). Registrants agree not to allow any third party to use their Registrant Profile to access the Website using their Registrant Profile and to safeguard the information that would allow another person or entity to access the Website by using their Registrant Profile. Registrants agree to be responsible for their failure to safeguard such information and/or to allow any other person or entity to access or use the Website by using their Registrant Profile. No part of a Registrant Profile or Account may be transferred or sold to another party. Registrants agree to notify Operator immediately of any unauthorized use of their Registrant Profile, Account or the Website. Registrants and Visitors agree that Operator shall not be liable for any loss that results from the unauthorized use of any Registrant Profile or Account, either with or without such Registrant’s knowledge.

1.2 Capacity. By checking the "Yes" box on the registration page, each Registrant acknowledges that such Registrant is at least eighteen (18) years of age, not a minor in such Registrant’s state of residence, and has read, agrees with and accepts to be bound by the terms and conditions set forth in the Agreement. Failure to check the "Yes" box in during the registration process will prevent you from registering for the Website.

1.3 Accurate Information. Registrants agree to provide us with accurate, complete and current information during registration, and to update information provided to us if and when such information should change.

1.4 Revocation of Registration. Registrants agree that we have the right to cancel their registration to the Website for any reason at any time, in our sole discretion.

1.5 Payment. Use of the Website to Visitors and Registrants is currently free of charge, but Operator reserves its right to charge for these and other services in connection with the Website in its sole discretion.

2. Intellectual Property.

2.1 Copyright. You understand that all information (such as data files, written text, computer software, music, audio files, sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Website (“Content”) are the sole responsibility of the person from which such content originated and may be protected by copyright under the copyright laws of the United States and/or other jurisdictions. You should be aware that Content presented to you as search results on the Website, including but not limited to advertisements or advertising copy, may be protected by intellectual property rights which are owned by the sponsors or advertisers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part) unless you have been specifically authorized to do so by Operator or by the owner(s) of such Content in a separate agreement.

2.2 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are Operator’s trademarks or those of our licensors, sponsors, suppliers or other third parties as indicated (collectively, the "Trademarks") and are protected by the trademark laws of the United States and/or other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without but not limited to distribution of Content for advertising or publicity or otherwise, without our prior written consent or the consent of such third party trademark holder, as applicable. Unless you have been expressly authorized to do so in writing by Operator or the appropriate third party, you agree that in using the Website you will not use any Trademark 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.

2.3 Removal of Notices. 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 any Content, and that you will abide by all such notices.

2.4 Copyright Agent. Operator respects the rights of all copyright holders, and it is Operator’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law and to terminating the Accounts of Registrants who are repeat infringers. The Digital Millennium Copyright Act of 1998 (the “DMCA”), 17 U.S.C. § 512, provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) a written 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; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Operator actual knowledge of facts or circumstances from which infringing material or acts are evident. Operator’s copyright agent for notice of claims of copyright infringement can be reached as follows:.

Name: Devaraj Southworth
Address: 185 West End Avenue, Ste. 5H, New York, NY 10023
Telephone: (646) 415-9219
Email: contact@yureekah.com

We suggest that you consult your legal advisor before filing a notice with Operator’s copyright agent. You should note that there can be penalties for false claims under the DMCA, and that Operator will, in appropriate circumstances, terminate the right of those who infringe the rights of copyright holders to interact with certain portions of the Website.

3. Use of Website.

3.1 Use of Content. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any Content, except that you may download Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with Operator or the owner of any such Content.

3.2 Review of Content. You understand that by using the Website you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website at your own risk. Operator reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.

3.3 Usage Restrictions. You agree not use the Website in any manner that:

(a) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;

(b) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of the Website in any way;

(c) infringes any copyright, trademark, patent or other right of any party (including the promoting of an illegal or unauthorized copy of another person's copyrighted work), or  defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);

(d) causes us to lose (in whole or part) the services of our Internet service providers or other suppliers;

(e) links to materials or other content, directly or indirectly, to which you do not have a right to link;

(f) encourages others to violate this Agreement; or

(g) violates, or encourages anyone to violate, any applicable local, state, national, or international law.

You further agree that you shall not (and you shall 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 software underlying the search engine functionality or any other portion of the Website or any part thereof, unless such activity is expressly permitted required by law, or unless you have been specifically granted such right in writing by Operator.

4. License. Operator grants you a personal, non-exclusive, non-assignable, worldwide and royalty-free license to use the Website subject to the terms hereof. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Operator, in the manner permitted by the Agreement, but not in any manner which competes with Operator. You agree not to use, copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, retransmit, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information) whose use is restricted to you by law.

5. Links. The Website may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.

6. DISCLAIMER OF WARRANTIES.

6.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OPERATOR DOES NOT ASSUME ANY RESPONSIBILITY FOR HOW YOU USE THE CONTENT PROVIDED THROUGH THE WEBSITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN ENABLING YOU TO OBTAIN SUCH CONTENT. NO CONTENT OBTAINED FROM OPERATOR OR ANY THIRD PARTY USING THE WEBSITE SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR CONTENT APPEARING ON THE WEBSITE, AND OPERATOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF YOUR INTERACTION WITH ANY THIRD PARTY FROM WHOM SUCH CONTENT ORIGINATED. OPERATOR SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY THROUGH YOUR USE OF THE WEBSITE OR ANY CONTENT. SPECIFICALLY, OPERATOR DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND ANY CONTENT.

6.2 OPERATOR DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF, AND IS NOT LIABLE FOR LOSSES OR DAMAGES ARISING FROM, ANY CONTENT, PRODUCTS OR SERVICES APPEARING ON THE WEBSITE, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY SUCH CONTENT, PRODUCTS OR SERVICES. ANY SUCH CONTENT, PRODUCTS OR SERVICES PROVIDED AS PART OF THE WEBSITE ARE ACQUIRED BY YOU "AS IS" AND “WHERE IS” AND "AS AVAILABLE".

7. LIMITATION OF LIABILITY.

7.1 IN NO EVENT SHALL OPERATOR BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF ANY CONTENT OBTAINED THROUGH THE WEBSITE, WHETHER OR NOT OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF OPERATOR TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH GIVE RISE TO SUCH A CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).

7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7 HEREOF MAY NOT APPLY TO YOU.

8. Indemnity. You agree to indemnify, defend and hold harmless Operator, its directors, officers, managers, members, vendors, employees and consultants harmless from any claims, demands or damages (actual and consequential, direct and indirect) of every kind and nature, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Agreement, or your violation of any law or the rights of a third party.

9. Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Operator shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

10. Privacy. Operator views the protection of your privacy as an important responsibility. The terms regulating the handling of personally identifiable information (“PII”) and other information by you in connection with the Website is described in our Privacy Policy, which can be found at www.yureekah.com/privacy. By using the Website, you consent to the collection and use of your PII by us as described in the Privacy Policy.

11. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Operator by the Agreement.

12. Notices. All notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to 2711 Centerville Road, Suite 400 Wilmington, DE 19808 and to a Registrant at the address listed in such Registrant’s registrant profile. Notice shall be deemed given five (5) days after the date of the mailing.

13. Governing Law. You acknowledge and agree that the Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum

14. Assignment. You agree not to resell or assign your rights or obligations under the Agreement. You agree that the Agreement may be automatically assigned by Operator, in its sole discretion, to a third party.

15. General. If any provision of the Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of the Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.

16. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at contact@yureekah.com  or write to us at 2711 Centerville Road, Suite 400 Wilmington, DE 19808.