1.1. Searchweb.app (“Searchweb”, “We”, “Us”, “Our”) is the owner or has the right to operate the application (the “App”).
1.2. These terms of use (the “Terms”) govern the use of the App by you (hereinafter “you” or “your”) and your use of the App, which constitute an agreement and understandings between you and Us. It is important that you read these Terms before accessing the App and by using the App and/or any service and/or offering therein. In addition to these Terms, We encourage you to carefully review Our Privacy Policy https://searchweb.app/privacy-policy, which govern how We use your data and information, and by entering the App and using the offering therein, you hereby confirm your full consent thereto.
SHOULD YOU NOT AGREE WITH ANY OF THE TERMS HEREOF AND/OR THE PRIVACY POLICY, REFRAIN FROM USING THE APP AND ANY OF THE OFFERING THEREIN ANY FURTHER.
THESE TERMS CONTAIN AN ARBITRATION PROVISION. YOU AGREE THAT ANY DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION AS MORE FULLY DESCRIBED HEREIN. YOU ALSO AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING YOUR RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT RELATED TO THE APP AND/OR IN CONNECTION WITH ANY OFFERING MADE BY THIS APP.
1.3. By entering the App and by participating in the offerings of searchweb, you confirm that you are a private person of at least 18 years of age, or of a legal age. To enter and use the App and any of the offering and/or services therein you must be an actual person. You cannot be a company or a legal entity, and such participation must be for yourself and in non-professional capacity.
2.1. Subject to the limitations set forth in these Terms, we grant you the limited right to use App and the services therein, solely for your for personal, noncommercial and informational purposes, and provided that you comply with the Terms herein
2.2. We only accept users aged 18 years or above (or the legal age in the jurisdiction/country in which you reside if such age is higher than 18). It is your responsibility to inquire about the existing laws and regulations of the given jurisdiction regarding the age limitation for entering Our App and using our services and content therein.
2.3. We reserve the right to refuse opening an Account or may opt to close an Account, if already such Account was established, at Our own discretion, provided, however, that subject to these Terms, contractual obligations accrued prior to closing or suspending your Account shall be fulfilled.
2.4. You are advised that We prohibit the use of the App, the use of our services and/or content for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions' laws, regulations, and norms.
2.5. By entering the App, the services and/or content therein, you represent and warrant that you are not a subject of any global sanctions and/or watch list. It is prohibited to use the App, the services and content therein, within, or in respect of any jurisdiction that is sanctioned by the U.S. Department of the Treasury Office of Foreign Asset Control or other U.S. sanctions including but not limited to Afghanistan, Balkans, Belarus, Burundi, Central African Republic, Crimea Ukraine, Cuba, Democratic Republic of Congo, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Mali, Myanmar, Nicaragua, North Korea, Russian Federation, Somalia, Sudan and Darfur, South Sudan, Syria, Syrian Arab Republic, Ukraine, Venezuela, Yemen and Zimbabwe.
11.1. Intellectual Property Rights and License
We and our licensors retain all right, title and interest including, without limitation, all copyright, trademark, patent, trade secrets and all other intellectual property rights anywhere in the world in and to the App and any offerings and/or content of any nature therein, and all components and aspects of the App and offerings and content therein. For the purposes of the foregoing sentence, the App shall be deemed to include the “Materials”, which means all information provided to you in the course of your use of the App, the services and the content therein, trademarks, service marks, designs, logos, slogans, URLs and trade names displayed on the Services.
We grant you a personal, revocable, non-transferable, non-exclusive, limited, non-assignable and non-sublicensable right to access the App and Materials for lawful purposes subject to these Terms. You may not and shall not permit anyone else to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise extract the source code of the App and/or Material, or any part thereof. You may not resell or comingle the App and/or Materials, with any third-party service, other than as expressly permitted in these Terms. You may not engage in the distribution, public performance or public display of the App and/or Materials, or at portion thereof, except in the course of ordinary application of the App and/or Materials. You may not use the App and/or Materials other than for their intended purpose. No title to or ownership of any proprietary rights related to the App and/or Materials are transferred to you pursuant to these Terms. Your right to use the App and/or Materials ceases on any termination of these Terms.
If you provide any comments, suggestions, ideas, original or creative material and/or feedback to Us about any part of the App and/or Materials (“Feedback”), We will own the exclusive rights, including all intellectual property rights, to such Feedback. We will be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. We reserve all rights not expressly granted herein.
11.2. Your Content
As a user of the App and/or Materials, you may be allowed to create, post, store or share content which may include messages, texts, photos, videos, software, usernames, profiles, and other materials (collectively, “Your Content”). You are solely responsible for any of Your Content that you provide or make available through the App. Except for the license granted below, you retain all rights in and to Your Content, as between you and Us. We will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any Your Content. If We terminate or suspend your Account or your access to the App and the offerings therein, you may no longer have access to the Your Content, and we will not be liable to you if that happens.
You hereby grant Us and Our licensors, contractors and affiliates the right to use, modify, adapt, reproduce, distribute, transmit, translate, display, and disclose Your Content as reasonably necessary to provide and improve the App and the offerings therein, and as otherwise permitted by these Terms. You represent and warrant that you have the right to provide any Your Content that you provide to us, and that Your Content does not infringe or misappropriate the intellectual property rights of any third party. You represent and warrant that you have the right to grant us this license and that Our storage, use, display, reproduction, distribution, modification, adaption or transmission of Your Content does not and will not violate these Terms, any intellectual property right, or any law or regulation, and does not and will not cause injury to any person or entity. You will be solely responsible for the nature, quality, and accuracy of Your Content, and you will ensure Your Content complies with these Terms and any Applicable Law. You will maintain appropriate security, protection, and backup copies of Your Content. While we have no obligation to screen, edit or monitor Your Content, we reserve the right to delete or remove any of Your Content at any time, for any reason, without notice or liability.
11.3. Third Party Content and Services
In using the App and/or Materials, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse, or monitor any Third Party Content and have no responsibility for such Third Party Content or the providers of third party services, whether or not they are integrated with the App and the offerings therein. Your dealings with third parties are solely between you and the third parties. Where indicated by Us as available in your Account, the App and/or Materials may also be able to integrate with certain third party services. Whenever you accept such integration with respect to your Account, you consent for Us to retrieve information from such third parties and add it to your Account, as well as to disclose information from your Account and provide it to such third parties. We do not warrant as to the ability, capacity, or legality of any Third Party Content or any third party service in any way. We shall have no liability for any Third Party Content, and We will not be liable to you or to any third party for any loss or damage of any kind resulting from or incurred as a result of dealings you have with a third party, whether via the App and the offerings therein or otherwise. You understand that you use Third Party Content at your own risk, and under the terms and conditions between you and the provider of the Third Party Content, which are different and separate from these Terms.
You acknowledge and agree that you may not use the App and/or Materials: (i) to facilitate any activity that is illegal in any jurisdiction where you are a national, domiciled or located; (ii) in a manner that may expose Us or any third party to security, financial or reputational risk, as determined by Us from time to time; (iii) for purposes other than that for which they were intended; (iv) in breach or contravention of any of our risk policies, as we may update them from time to time; or (v) in support of any of the prohibited activities that are listed below (the “Prohibited Activities”).
“Prohibited Activity” means the operation of or the direct or indirect facilitation of any of the following: (i) any act that is illegal in the United States or in the jurisdiction where the person carrying out the activity is resident, domiciled or located; (ii) items that encourage, promote, facilitate or instruct others to engage in illegal activity; (iii) items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (iv) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime; and/or (v) items that promote, support or glorify acts of violence or harm towards self or others.
You will be solely responsible for any damage, costs or expenses arising out of or in connection with any Prohibited Activities.
All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
14.1. For United States residents, these Terms contain a binding arbitration clause and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes set forth hereunder, you agree that disputes arising between you and Searchweb.app will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.
14.2. If you are a United States resident or otherwise make any claim against Searchweb.app in the United States, you expressly agree that any legal claim, dispute or other controversy between you and Searchweb.app arising out of or otherwise relating in any way to the App and the user of any of the offering therein, including the play-to-earn skill games, including controversies relating to the applicability, enforceability or validity of any provision of these Terms or Our Privacy Policy (collectively “Disputes”), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association (“AAA”), rather than in a court, as described herein. The arbitration will be governed by the AAA’s commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively “Rules and Procedures”). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.
14.3. Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Searchweb.app will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Searchweb.app also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
14.4. The arbitration may be conducted in New York, NY, or upon your request, in the city closest to your location where AAA maintains an office. The arbitrator’s award shall be final and binding on you and Searchweb.app and may be entered as a judgment in any court of competent jurisdiction.
14.5. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA App at www.adr.org.
14.6. As an exception to the binding arbitration rule, to the extent the dispute arises from: (a) A violation of Searchweb’s intellectual property rights in any manner; (b) Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of Conduct” of these Terms; and (c) Any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
14.7. To the extent permissible under applicable law, all disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other disputes shall be consolidated or joined with your dispute, whether through class arbitration proceedings or otherwise.
14.8. You and Searchweb.app agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.
14.9. You may opt out of this obligation to arbitrate. If you do so, neither you nor Searchweb.app can require the other to participate in an arbitration proceeding. To opt out, you must notify Searchweb.app in writing within 30 days of the date that you first became subject to this arbitration provision.
14.10. To begin an arbitration proceeding, you must send an email to: support@searchweb.app, requesting arbitration and describing your claim. Searchweb will provide 30-days’ notice of any changes to this section “Binding Arbitration / Class Waiver” through the App and/or your Account or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30thday.
14.11. If you are not a United Stats resident, then the formation, interpretation, and performance of these Terms and any dispute arising out of it shall be governed by the substantive and procedural laws of Israel without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Tel Aviv, Israel, and you hereby submit to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
16.1. If you believe the App and/or any content therein, infringes your copyrights, please send a notice to: Searchweb.app, via email to: support@searchweb.app
16.2. Please include all the following in your DMCA notice: (a) Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works; (b) Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable Searchweb to locate the material; (c) Provide your full legal name, mailing address, telephone number, and (if available) email address; (d) Include the following statement in the body of the DMCA notice: “I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.” Please note that under 17 U.S.C. §512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by Searchweb or its users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to Searchweb.app.
During use of the App and/or Materials, you may enter correspondences with or participate in promotions of advertisers or sponsors showing their goods or services through the App and/or Materials. Such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. We have no liability, obligation or responsibility for such correspondence, purchase, or promotion between you and any such third-party.
Although the App may link to other applications and/or websites, We are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked applications and/or websites, unless specifically stated herein. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any businesses or individuals or the content of such applications and/or websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-party. You should carefully review the legal statements and other conditions of use of any App which you access through a link from the application and/or website. Your linking to any other App is at your own risk.
19.1. YOU AGREE THAT YOUR USE OF THE APP AND/OR USE OF THE MATERIALS, AND ANY PART THEREOF IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE APP AND MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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 THE APP AND/OR MATERIALS AND ANY PART THEREOF WILL MEET YOUR REQUIREMENTS, OR THAT THE APP AND/OR MATERIALSAND ANY PART THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP AND/OR MATERIALS AND ANY PART THEREOF, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APP AND/OR MATERIALS, OR THAT DEFECTS IN THE APP AND/OR MATERIALS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APP OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APP AND/OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19.2. Some jurisdictions do not allow disclaimers such as those set forth above; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms shall infringe upon the statutory rights that you may have as a consumer of the Application and Services. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which Searchweb may be liable for a lack of conformity that you discover: (a) within two years from any one-time supply of the App; or (b) at any time during any continuous use of the App.
20.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEARCHWEB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF SEARCHWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF SEARCHWEB AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE APP AND/OR THE PLAY-TO-EARN SKILL GAMES THEREIN WILL BE LIMITED TO AN AMOUNT OF USD 100. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
20.2. Some jurisdictions do not allow certain limitations of liability such as those stated in this section; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms will infringe upon any statutory rights you may have as a consumer of the Application and Services.
You will defend, indemnify and hold harmless Searchweb.app, its parents, affiliates, licensors, suppliers, contractors and its and their respective shareholders, directors and officers, assigns, and successors-in-interest from and against any and all liabilities, damages, losses, claims, demands, actions, causes of action and costs (including, without limitation, attorneys’ fees and expenses) arising out of or resulting from: (i) your failure to comply with these Terms; (ii) your use of the in-App offerings, or any part of them; (iii) your alleged or actual negligent or willful acts or omissions, or those of your agents or employees; (iv) any taxes or other liabilities related to any product or service that you may provide or sell; (v) your operation of a business; (vi) any activity in or through your Account; (vii) any claim by any third party that relates to you; (viii) any costs that We incurs in responding to a subpoena or other court order related to you or a third party with whom you have any relationship; (ix) any termination or suspension of your access to the offerings made in the App and/or Materials; (x) any third party’s use of your Account; and (xi) any Prohibited Activities that are attributable to you, your agents, or employees.
These Terms set out the entire agreement between you and Searchweb.app regarding the App and the play-to-earn skills therein, and any other content contained in the App and/or Materials, and supersede all earlier agreements and understandings between you and Searchweb.app.
Nothing in these Terms are intended to nor shall create any partnership, joint venture, consultancy or trusteeship relationship between the parties. You and Us are independent contractors for the purposes of these Terms. Each party shall be responsible for their respective expenses associated with performing under these Terms.
24.1. The Terms may be amended, updated and/or changed by Us at any time. We will notify the App users of significant changes, where possible. However, you are encouraged to review the Terms regularly to check for possible changes.
24.2. Changes to the Terms shall come into effect immediately upon posting such Terms on the App.
24.3. Your continued use of the App, as well as, but without limitation, by participating in the play-to-earn skill games offered by the App, subsequent to the posting updated terms, as set forth above, shall be deemed your acceptance of these changes.
In the event that you have a complaint, please notify Us in writing of the cause of your complaint, how you would like the complaint resolved, and any other relevant information, at the following link support@searchweb.app. Our member of the customer service team will consider your complaint without prejudice based on the information you have provided and any information We may have. Within a reasonable time of Our receipt of your complaint, a member of Our customer service representative will (i) offer to resolve your complaint in the way you requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. If for some reason we cannot resolve your complaint within a reasonable time, We will inform you of this and specify the new deadline for which we will try to respond to your complaint.
These Terms and all communications, information or notifications provided by Us shall be in English. Should We provide translations into another language, such translations shall be for your convenience only. In the case of any inconsistency between the translation and the English version of these Terms, the English version shall prevail.
Copyright © 2024 Searchweb.app - All Rights Reserved.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.