Yooray

Terms of Use for the Yooray Dynamic Search Interface Service
May 2013

In plain human language, this is what our Terms of Use boil down to:

By using Yooray’s Service, you automatically agree to these Terms of Use. If you don’t agree, just stop using Yooray.

These Terms are here to protect you and Yooray. That means no one is allowed to use Yooray in any way that is unlawful or harmful to others.

Yooray is free to use and is available online: all you need is a web browser. You can create an account for free for more features. Yooray also offers a premium account at a charge, without advertisements.

We trust that you do not pretend to be someone else. If you create an account, your log-in name and password combination is for you alone. 

The Internet is a public place, and Yooray is not responsible for search results. Of course, it is our priority to keep our user experience safe and comfortable for everyone.  

If you want to stop using Yooray, you can always delete your account with us by sending an email to legal@yooray.com with your name and the subject “REMOVE”.

This Agreement is a legal agreement between you and the Yooray Company for the Service, which includes web software and may include “online” or electronic documentation. By using this Service you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access, use or contribute to the Service. You agree to use the Service only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the Service.

1. Definitions

In these Terms of Use the following terms are indicated with a capital letter. These terms have the following meaning:

1.1
Account: a personal section created and managed by you;

1.2
Search Results: all of the data displayed by the Service in response to your Search Request;

1.3
Search Request: any query you enter or search operation you perform when using the Service;

1.4
Intellectual Property Rights: all the intellectual property rights and associated rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighbouring rights as well as the rights to knowhow and on-line performances;
1.5
Personal Information: information relating you that identifies or can identify you;
1.6
Privacy Policy: Yooray policy regarding the collection and use of your Personal Information.
1.7
Service: the service provided to you by Yooray and which is described on the Site and in Article 3 of these Terms of Use;

1.8

Site: the website of Yooray, www.yooray.com as well as all the sub-domains or any other website hosted by Yooray;

1.9

Terms of Use: these terms of use of Yooray;

1.10

Yooray:

2. Applicability
2.1
These Terms of Use are applicable to any use you make of the Service.
2.2
Yooray may revise these Terms of Use and Privacy Policy from time to time. Each revision will be marked and will be posted on the Site. Yooray recommends that you review this page from time to time to mark any changes. If you do not agree with the amended or supplemented Terms of Use, the only option you have is to no longer use the Service and/or delete your Account. By continuing to use the Service, you agree to be bound by any Terms of Use and Privacy Policy in effect at the time of such use.Subject to the terms of this Agreement, Yooray grants to you (i) nontransferable, nonexclusive, worldwide access to use, execute and display the Service. You agree to use the Service only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the Service.

3. Description of the Service
3.1
The Service provides you to search the internet with any query and to combine multiple groups of Search Results. The Search Results are displayed to you by the Service. This display of Search Results can be manipulated by you to perform Search Requests. Yooray offers the Service to you at no charge. It is publicly available. The only software needed to access the Service is a standard web browser.
3.2
For additional features of the Service, you can choose to create a Private Account or a Premium Account. The Private Account is free of charge. The Premium Account comes at a charge, offering the Service free of advertisements.

4.  Intellectual Property Rights
4.1
All right, title, and interest in and to the Service is and will remain the exclusive property of Yooray. Nothing in these Terms of Use is meant to assign any Intellectual Property Rights to you.
4.2
Under the conditions as set out in these Terms of Use, Yooray grants you a limited right to use the Service. You are not entitled to use the Service for any other means than described in this Terms of Use and/or on the Site. It is expressly not allowed to reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform and/or transmit or otherwise use the Service and/or Site and/or parts thereof and/or to use it for direct or indirect commercial purposes.
4.3
You are furthermore not entitled to reverse engineer, decompile and/or disassemble the Service or part thereof, unless explicitly allowed under mandatory law.
4.4
You shall not perform any acts which may infringe upon the Intellectual Property Rights of Yooray such as registering domain names or trademarks which are similar or identical to any object of which Yooray has the Intellectual Property Rights. Furthermore, you may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without Yooray’s prior written consent.
4.5
All designs and materials on the Yooray Website are the exclusive property of Yooray BV unless indicated otherwise. These materials include, but are not limited to, background images presented with the Service.

5. Availability
5.1
Yooray does not guarantee that the Service will be accessible at all times and without any interruptions or failures. Failures in the Service can also occur, but not exclusively, as a result of failures in the internet or phone connection or by viruses or faults/defects. Yooray is not liable or obliged to you to pay compensation in any way whatsoever for any damage resulting or arising from the Service being (temporarily) unavailable or (temporarily) broken down,
including but not limited to loss of data and Search Results.
5.2
The technical requirements and facilities required in order to be able to use the Service including, but not limited to, hardware, internet connection and/or mobile telephones as well as the costs of their use, will be at your own expense.
5.3
Yooray is entitled to put the Site and/or the Service (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay compensation to you if Yooray deems this is necessary, for instance in connection with the reasonably required maintenance of the Site and/or the Service and/or procedural and technical changes or improvements.
5.4
Yooray strives to always display the First Founder credit granted to a user. However, Yooray is not liable under any circumstance for any failure to display the First Founder icon with the user's name. Yooray is not obliged to you to pay compensation in any way whatsoever for any damage resulting or arising from the First Founder icon being (temporarily) not displayed or (temporarily) lost.
5.5
Yooray is entitled to (temporarily) suspend and/or terminate your use of the Service and to delete Search Results and/or your Account if Yooray deems this necessary, for instance, but not limited to, situations in which Search Results cause problems to the computers systems of Yooray and/or if you violate this terms of Use. Yooray does not accept any liability for suspending and/or terminating your use of the Service as described above. Yooray provides no technical support, warranties or remedies for the Service. Yooray and its suppliers disclaim all express, implied or statutory warranties relating to the Service, including but not limited to, merchantability, fitness for a particular purpose, title, and non-infringement. Yooray does not warrant that use of the Service will be uninterrupted, or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. 

6. Use of Service
6.1
You accept that the Service only includes the functionality and other characteristics as found in the Service at the time it is used. The Service is therefore delivered on an “as-is basis”. The use of the Service is at your own risk. Yooray excludes expressly any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity and accuracy of the Service.
6.2
You guarantee to Yooray that you are entitled to make use of the Service and that you will act in accordance with these Terms of Use.
6.3
You are responsible for Search Requests performed via the Service, including the Search Results that are displayed by the Service. Yooray accepts no responsibility and/or liability for
your use of the Service.
6.4
Yooray prohibits the transfer or export of data acquired from the Service for any financial gain or profit, such as the selling of this data.

Yooray finds data that is publicly available on the internet. Therefore, Yooray is not liable for any data that is placed online by any third party. Yooray shall not be responsible or liable for any faults, inconsistencies, incompleteness or untruthfulness of information placed online by any third party. Yooray constantly makes every effort to prevent the display of data that:
a.
infringes on any applicable laws and/or regulations;
b.
infringes on any third party (intellectual property) rights; and/
or
c.
links to any viruses, Trojan horses, worms or other malicious software which might damage, render useless or inaccessible, delete or appropriate an automated work or data, and/or which may otherwise harm the computer systems of Yooray or any other users.

7. Limitation of Liability. 
7.1
Yooray shall not be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology, or (b) for any indirect, incidental or consequential damages including, but not limited to loss of revenues and loss of profits, or (c) for any potential damages of any kind, caused by data displayed as Search Results in response to a Search Request by the user.
7.2
On its Site or in the Service, Yooray may display third-party data that are not Search Results. Yooray may display specific kinds of data provided by third parties on the Site or in the Service, including but not limited to: (a) images that are used with permission from their third party proprietor, included as a visual background inside the Service, and (b) advertisements of third parties.
Yooray Company is careful in its selection of such third party data for its Site and Service. Still, Yooray shall not be responsible or liable for any potential damages of any kind caused by such third-party data. Any possible interaction between you and such third-party data that are not Search Results does not affect the operation of Search Requests by the Service nor the Search Results displayed to the user.
7.3
In the event that data is removed from the internet for whatever reason, some time may pass before Yooray no longer displays such removed information as Search Results. Yooray strives to keep this delay to a minimum.
7.4
Yooray shall not be responsible or liable for its display of Search Results. Yooray constructs its display of Search Results on the basis of the content of data. This Service operation takes place without bias or privilege dictated by factors including, but not limited to, financial, political or religious considerations.
7.5
In exception to Article 4.5, Yooray shall prevent the display of certain Search Results if required by any mandatory laws in the countries where these laws apply.
7.6
Yooray will not accept any liability for damage as a result of an attributable failure in the
performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law.
7.7
The only action that you can take if you think that you have suffered damage is to discontinue the use of the Service and/or delete your Account.
7.8
You indemnify Yooray against all claims by third parties on any ground whatsoever with regard to compensation for losses, costs or interests in connection with or resulting from your use of the Service and/or a violation of these Terms of Use and/or any other rights of third parties.  

8. Term and Termination.  
This Agreement and the licenses granted hereunder are effective on the date you accept the terms of this Agreement and shall continue unless this Agreement is terminated by either party pursuant to this section.  Yooray may terminate this Agreement immediately upon notice to you in the event that you materially breach any of the terms hereof.  You may terminate this Agreement at any time, with or without cause.  You may terminate this Agreement by sending either an email to legal@yooray.com with your name and the subject “REMOVE” or to such other address as Yooray may specify in writing by posting the new address on the Yooray website. The terms of this Agreement which are intended to survive termination will remain in effect.  

9. Account with Yooray.
9.1
For access to additional features not available in the Public version of the Service, you can choose to create an Account with Yooray. This Account provides access to specific features of the Service that are restricted to this Account. You guarantee that the information provided by you when creating the Account is complete, true and accurate. It is therefore not allowed to create an Account in the name of someone else. During the process of creating an Account, you must also provide a log-in name and password by which you can access the Account.
9.2
You are responsible for keeping the log-in name and password combination confidential. You are therefore liable for all the use made of the Service via your Account. Yooray can therefore assume that you are indeed the person who has signed in with your log-in name and password. As soon as you know or have reason to assume that a log-in name and/or password has come into the hands of unauthorised persons, you should inform Yooray thereof
notwithstanding your own obligations to take immediate effective measures such as for instance changing your password.
9.3
Yooray reserves the right to change the log-in procedure, your password and/or your
log-in name if it regards it as necessary in the interest of the operation of the Service.Agreement and the licenses granted hereunder are effective on the date you accept the terms of this Agreement and shall continue unless this Agreement is terminated by either party pursuant to this section.  Yooray may terminate this Agreement immediately upon notice to you in the event that you materially breach any of the terms hereof.  You may terminate this Agreement at any time, with or without cause.  You may terminate this Agreement by sending either an email to
legal@yooray.com with your name and the subject “REMOVE” or to such other address as Yooray may specify in writing by posting the new address on the Yooray website.  Upon termination, the license granted hereunder shall terminate and you shall immediately destroy any copies of the Application in your possession, but the terms of this Agreement which are intended to survive termination will remain in effect.

10. Privacy Policy.
10.1
During the provision of the Service, you may supply Yooray with Personal Information. This Personal Information will be saved and processed according to the Privacy Policy of Yooray and the applicable legislation and regulations.

11. Miscellaneous. 
11.1
Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. This Agreement shall be governed, construed interpreted and enforced in accordance with the laws of The Netherlands, and when applicable, EU laws. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. Any notice to you may be provided by email. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled. Except as otherwise provided in this Agreement, any modifications of this Agreement must be in writing and agreed to by both parties.
11.2
If you have questions regarding this Agreement, or wish to obtain additional information, please send an e-mail to legal@yooray.com.you have questions regarding this Agreement, or wish to obtain additional information, please send an e-mail to legal@yooray.com.






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