Terms and Conditions

TERMS & CONDITIONS OF USE

TERMS & CONDITIONS OF USE

Below are the terms and conditions that govern use of the www.Everything-About-Everything.com or associated web sites, and www.WorldsSpecializedSearchEngines.com group of specialized search engines including the one from which you entered these terms and conditions of use (herein referred to as "The Search Engine Business") and the services that are offered (the "Site"), including without limitation, email, a searchable directory of business and leisure web sites, links to other web sites, and access to information.

By using the Site, you agree to be bound by these Terms and Conditions of Use (the "TCU"), including but not limited to the Privacy Policy (see below) and other usage guidelines and rules that may be displayed from time to time, all of which are incorporated herein by reference, and to follow the TCU and all applicable laws and regulations governing the Site. If you do not agree, do not enter or use the Site.

The Search Engine Business may update the TCU from time to time. You are responsible for checking this page periodically for changes and updates to the TCU. Your use of the Site following any posted change(s) to the TCU will be deemed an acceptance of such change(s).

In addition, when using the Site, you shall be subject to any posted guidelines or rules, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TCU.

This Site is not intended for use by persons under the age of thirteen.
Individuals who are under thirteen are expressly prohibited from posting any personally identifiable information about themselves.

Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes.

Please direct any questions you may have about the TCU, or any other legal matters, to the following e-mail address: hq @ worldsspecializedsearchengines.com

1) THE SEARCH ENGINE BUSINESS'S PROPRIETARY RIGHTS AND PERMITTED USE

The Site, including without limitation any content, software and services offered thereon, are the property of The Search Engine Business and/or its suppliers. It is protected by the copyright and/or other intellectual property laws of Australia and Internationally. You are hereby authorized solely to view and to retain a copy of pages of this Site for your own personal use. Do not duplicate, publish, modify, or otherwise distribute the material on this Site unless specifically authorized in writing by The Search Engine Business to do so. Legal notices and various other acknowledgements and credits are posted on pages of the Site. Do not remove these legal notices or other acknowledgements or credits, or any related information, contained on pages of the Site.

You hereby acknowledge and agree that, as between The Search Engine Business and you, all right, title, and interest in and to the Site and the provision thereof, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by The Search Engine Business. Except as expressly authorized by The Search Engine Business herein, you agree not to make, copy, display, modify, rent, lease, license, loan, sell, distribute, or create derivative works of the Site, in whole or in part. You agree not to access the Site by any means other than through the interface that is provided by The Search Engine Business for use in accessing the Site. In connection with your use of the Site, The Search Engine Business may make software available to you for download from the Site; your download and use of such software shall be pursuant to a separate license agreement that shall be agreed to upon your download or installation of such software.

2. USER CONTRIBUTIONS TO THE SITE

The Search Engine Business provides users with the opportunity to contribute to the Site and to communicate with other users. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials posted by you on the Site (collectively, the "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, and not The Search Engine Business, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Site. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site.

The Search Engine Business does not control or pre-screen the User Content posted via the Site or sent to another user and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by users or other third parties does not necessarily represent the views or opinions of The Search Engine Business and under no circumstances will The Search Engine Business be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site.

Users can be held liable for any illegal or prohibited User Content they provide to the Site or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Site is
available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible on or through the Site User Content that:

a)Is unlawful, harmful, threatening, tortuous, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious;

b)Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;

c)Is or could be harmful to minors;

d)Harasses or advocates harassment of another person;

e)Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing (or "spamming");

f)Promotes information that you know is false, misleading, or promotes illegal activities or conduct;

g)Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;

h)Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;

i)Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);

j)Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

k)Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;

l)Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by The Search Engine Business or any other party;

m)Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or

n)Otherwise violates any local, state, national or other applicable law or regulation.

In addition, you may not, in connection with your use of the Site:

i)Impersonate any person or entity, including a The Search Engine Business officer or employee, or falsely misrepresent your affiliation with any other person or entity;

ii)Forge headers, photos, or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted through or on the Site;

iii)Engage in commercial activities and/or sales without The Search Engine Business's prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;

iv)Post or transmit any Content that you do not have the right to post or transmit;

v)Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;

vi)Disrupt the ordinary flow and operation of any portion of the Site, including causing a screen to scroll faster than another User may be able to type in a chat room or bulletin board environment;

vii)Interfere with or disrupt the Site or any server or network involved with the operation of the Site;

viii)Stalk or harass any other person; or

ix)Collect or "harvest" from the Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.

If you discover this kind of material or activity on the Site, please notify us at.…

hq @ worldsspecializedsearchengines.com

3. LICENSE TO USER CONTENT

With respect to User Content you elect to post or transmit for inclusion in or on the Site, you grant The Search Engine Business and its affiliates and partners the perpetual, world-wide, royalty free, non-exclusive, sub-licensable license as follows: to use, reproduce, translate, alter, perform, display, modify, adapt, and publish such User Content, in whole or in part, in all present and future media and in any manner relating to the Site (including without limitation in connection with the appearance of such User Content on The Search Engine Business and on the sites of our affiliates, partners and others with whom The Search Engine Business may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that The Search Engine Business is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.

Without limitation of any of the rights granted to The Search Engine Business herein, you acknowledge and agree that The Search Engine Business may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TCU; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Search Engine Business, its users and the public.

4. INDEMNITY

You agree to indemnify and hold The Search Engine Business, its subsidiaries, affiliates, officers, agents, co-branders, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Site, your use of the Site, including your use of the Site to provide a link to another Site or to upload content or other information to the Site, or your violation of the TCU or any applicable laws or the rights of another.

5. LINKS & SEARCH RESULTS

The Site may provide links and automatically produce search results, or third parties may provide information, that reference or link to other World Wide Web sites or resources. The Search Engine Business has no control over such sites and resources, and you acknowledge and agree that The Search Engine Business is not responsible for the content or information contained therein. The Search Engine Business cannot and does not guarantee, represent, or warrant that the content or information contained in such third-party sites is accurate, legal and/or inoffensive. The Search Engine Business does not endorse the content or information of any third-party site or resource, and further does not warrant that such sites or resources will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that The Search Engine Business shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of, or reliance on, the Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the Site, please let us know at …

hq @ worldsspecializedsearchengines.com

6. NO RESALE OF SITE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, without the express, prior written consent of
The Search Engine Business in each instance.

7. MODIFICATIONS TO SITE

The Search Engine Business reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that The Search Engine Business shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

8. SUSPENSION AND/OR TERMINATION RIGHTS AND REFUNDS

The Search Engine Business reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the TCU, your registration for any program, your ability to access the Site, your
ability to utilize any email services offered on the Site, and/or to remove any User Content, for any reason, including without limitation any breach by you of the TCU or conduct by you that The Search Engine Business determines to be inappropriate. You agree that The Search Engine Business shall not be liable to you or any third-party for any suspension or termination pursuant to this provision. The Search Engine Business reserves the right not to accept any registration or listing if it feels the listing could be detrimental to The Search Engine Business. If a registration or listing is rejected before registration or listing approval is gained, all amounts paid will be refunded. If can be reasonably be shown The Search Engine Business is at fault for the content displayed for any business listing once approved, a full refund of all annual fees for the year in question will be conducted within 30 days of notification.

9. COPYRIGHT POLICY

The Search Engine Business understands and respects the importance of intellectual property, and we ask users to do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

a)a physical signature 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 our web site

d)your address, telephone number and email 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

f)a written 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 authorized to act on the copyright owner's behalf.

g) Correspondence to The Search Engine Business should be sent to Box 369 Noosa 4567 Queensland Australia

10. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's Registration or Application Form (such information being the "Registration Data" and "Listing Information") and (b) maintain and promptly update the Registration Data and Listing Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Search Engine Business has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Search Engine Business has the right to suspend, terminate, or refuse any and all current or future use of the Site (or any portion thereof).

Until further notice, the cost to register or list with The Search Engine Business will be as shown on the individual The Search Engine Business web site under the List Your Business link, commencing the day your application is approved and entered into the system by The Search Engine Business.

Please Note: As stated on all websites of The Search Engine Business, for convenience, your listing will automatically continue each year with the registration or listing fee being the same per annum amount as initially listed, to be deducted from the same credit card as placed on your initial application form. If you wish to cease promoting on The Search Engine Business site, you may do so at any time, by emailing and advising hq @ worldsspecializedsearchengines.com with a copy signed on a business letterhead and posted by registered post to The Search Engine Business Box 369, Noosa. 4567 Queensland. Australia.

11. PRIVACY POLICY

The Search Engine Business understands and respects your concerns about privacy and the privacy of all of our users is important. At the same time, we do ask that you provide information about yourself in order for us to understand your needs better and make your experience at The Search Engine Business more valuable to you. By submitting the application form you agree with our Privacy Policy as outlined.

We created this Privacy Policy to provide you with notice of what information The Search Engine Business may collect, how such information may be used or shared with third parties, and how such information relates to the operation of the Site. This Privacy Policy is subject to the Terms and Conditions of Use (the "TCU") posted on the Site, including the provisions regarding change or modification of this Privacy Policy and other policies as set forth in the TCU. You are responsible for checking this page periodically for changes and updates to the Privacy Policy. Your use of the Site following any posted changes to the Privacy Policy will be deemed an acceptance of such changes. This Privacy Policy is part of, and incorporated into, the TCU.

By providing any personal information to this Site, you fully understand and unambiguously consent to the collection and processing of such information in Australia, the United States and/or any other country.

This Privacy Policy explains the following:-

A) WHAT PERSONALLY IDENTIFIABLE INFORMATION THE EVERYTHING BUSINESS COLLECTS FROM YOU AND HOW THE SEARCH ENGINE BUSINESS USES THE INFORMATION.

The Search Engine Business collects and stores personal information in several ways at different parts of our Site. This information may include your legal name, email address, age, gender, address, telephone number(s), areas of interest, financial information, User ID, User Password and other self-identifying information. We collect this information in order to provide you with our services more easily, and in a more personalized manner. We may make message boards and discussion forums available to you. If you choose to voluntarily disclose certain information on any such public area of the Site, this Privacy Policy will not cover such disclosure of information. We urge exercising caution when disclosing information on public message boards or discussion forums.

The Search Engine Business also may request certain information using online order forms for products and services. On the order forms, we may collect contact information, financial information, demographic information, method of payment and, if applicable, a credit or debit card number.

We may also collect information about you in surveys or for sweepstakes and contests on the Site and information about the searches you perform and the pages you visit on the Site. The Search Engine Business may also monitor, on an anonymous aggregate basis, patterns of use in connection with emails that it sends out, including which links are clicked on in our email communications, so that we may use such information to better personalize the content of the Site and our mailings for our users. All such information will be protected in accordance with our Privacy Policy. We may also automatically collect your Internet Protocol address to help diagnose problems and for system administration. The Search Engine Business reserves the right to request any additional information necessary to establish and maintain your account for use of the Site.

The Search Engine Business uses the information collected from you in accordance with this Privacy Policy. Information we collect is used to customize your experience at our Site. We also show you content that we think will be interesting to you, and display content according to the preferences you indicate while on our Site. The Search Engine Business may use your information to send you promotional materials about The Search Engine Business and its partners. We may also use your information to contact you, if necessary.

B) WITH WHOM YOUR INFORMATION MAY BE SHARED

The Search Engine Business will not sell, rent or barter your personal information other than to its business partners as set forth herein. However, we may from time to time aggregate statistical information regarding our customers, traffic patterns and site usage, or sell our research, which may contain aggregate information. In addition, we may report aggregate information to our advertisers. Such aggregate information will not individually identify any user.

In order to provide you with co-branded services, and to improve our features, we will sometimes share your information with our partners.

We reserve the right to disclose any information if such action is necessary:-
(a) to conform to the requirements of the law or to comply with legal process or subpoena served on The Search Engine Business,

(b) to protect and defend the legal rights or property of The Search Engine Business, the Site, or its users, or

We further reserve the right to release any information concerning any user if that user participates (or is reasonably suspected of participating) in any illegal activity, even without a subpoena, warrant, or other court order. We cooperate with law enforcement agencies in identifying those who may be using our servers or services for illegal activities. We also reserve the right to report any suspected illegal activity to law enforcement for investigation or prosecution.

C). WHAT CHOICES YOU HAVE REGARDING THE COLLECTION, USE AND DISTRIBUTION OF YOUR INFORMATION

You may occasionally receive information about the products or services you have selected to place on your personal The Search Engine Business pages, which may include The Search Engine Business products and services, and the products and services of our partners. The Search Engine Business believes that these updates are interesting and informative. Upon registering or listing on the Site, from time to time you may be given an opportunity to "opt in" to receive mailings from The Search Engine Business and/or its partners by "checking" a box in the registration or listing form. (For purposes of this Privacy Policy, "partners" includes, in addition to third parties with whom The Search Engine Business may have co-branding arrangements or some other business relationship or alliance, other web sites incubated or funded by eCompanies, as such term is defined below.) If you submit the registration or application form with the box checked, you thereby consent to being placed on this mailing list. You may subsequently contact us to request to be removed from this list. In every update that we send, we will include an option to discontinue receipt of future updates. The Search Engine Business reserves the right to limit any registrations or data on our Site for whatever reason, and to those who will accept our information and to those who will provide the requested information.

D). WHAT TRACKING DEVICES ARE, AND HOW THE SEARCH ENGINE BUSINESS USES THEM

As part of offering and providing customizable and personalized services, The Search Engine Business may sometimes use tracking devices to store and sometimes track information about you. A tracking device, (or sometimes called cookie/s) is a small amount of data that is transferred to your computer's hard drive. All portions of the Site that prompt you to log in or that are customizable require that you accept tracking devices. No other company has access to the tracking devices placed on your computer by The Search Engine Business unless you select the option to share user-information with The Search Engine Business's partners or other web sites incubated or funded by The Search Engine Business or its affiliates. We may use tracking device technology to reduce the time required for you to submit your requests and for The Search Engine Business to respond to such requests. Tracking devices will not be used by us to retrieve any information about you, or from your computer, that you have not voluntarily given to us. Tracking devices may also be placed on your computer when you link from the Site to our partners' web sites or when you click links provided on our Site. Tracking devices placed on your computer by third parties by or through the Site, if any, are not the responsibility of The Search Engine Business and are not subject to the TCU. Please contact the third party placing these tracking devices to find out what information is collected and how it is used. You can usually edit your browser not to accept tracking devices, but the features of our Site may not function properly if you do not accept tracking devices.

E). HOW THE SEARCH ENGINE BUSINESS PROTECTS YOUR PERSONAL INFORMATION

For all our transactions, we employ reasonable and current Internet
security methods and technologies. Where appropriate, we password protect, use encryption techniques and install firewalls. We strive to protect you. We encourage our participating service providers to adopt and honor their own consumer privacy policies. For all our efforts to safeguard your privacy, no system can be guaranteed. We cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. Once we receive your information, we use reasonable efforts to ensure its security on our systems.

F). HOW YOU CAN ACCESS, UPDATE OR DELETE YOUR INFORMATION

As part of your use of the Site, you are responsible for maintaining and updating, as applicable, your account Registration and Listing Data with current, accurate and complete information. You may view, update and/or edit the Registration and Listing Data and/or Application Form you have provided to The Search Engine Business by either

i) clicking on the “CLICK HERE to modify an existing listing” on the Home Page of each Search Engine site or

ii) emailing hq @ worldsspecializedsearchengines.com and requesting one of The Search Engine Business Corporate Representatives to make the changes for you. A minimal charge of US$10.00 for this service will be credited from the credit card you originally gave with your initial application form. This includes updating the information when returned to The Search Engine Business.

G). WHAT ELSE YOU SHOULD KNOW ABOUT YOUR ONLINE PRIVACY

The Site may also contain links to other web sites and associated advertising on their sites. The privacy policies of those web sites and advertisers may significantly differ from that of our Site. It is your responsibility to contact such web site operator or advertiser
directly to determine their privacy policy.

H). HOW TO CONTACT US

Any questions about our Privacy Policy, the practices of the Site, or your dealings with the Site should be directed to: Customer Service, World’s Specialized Search Engine Business

Email: hq @ worldsspecializedsearchengines.com
or write to World’s Specialized Search Engine Business, Box 369, Noosa. 4567. Queensland. Australia.

12. BACK-UP

The Search Engine Business is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the TCU (including without limitation content from any e-mail account hosted by The Search Engine Business), and is not obligated to maintain back-up copies of any contributed User Content or e-mail messages. We recommend that you retain a copy of all User Content that you post or distribute to, or through, the Site.

You understand and agree that The Search Engine Business may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.

13. PASSWORD & SECURITY

From time to time you may receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account (if any), and are fully responsible for all activities that occur under your password or account. If a Password is designated, to you will agree to:-

(a) immediately notify The Search Engine Business of any unauthorized use of your password or account or any other breach of security, and

(b) ensure that you exit from your account at the end of each session.

The Search Engine Business cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Without limitation to the generality of the foregoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the Site, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured.

By using the Site and the Internet in general, you may be subject to various risks, including, among others, eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information (including Registration Data, passwords and User Content) received or delivered or intended to be made available on and through the Site may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The Site is not different than other applications in this respect. Without limitation of the foregoing, although we take seriously the security of all member accounts and other personal and non-personal information associated with our visitors and participants, due to the open communication nature of the Internet, we can not guarantee that your account will be free from unauthorized access by third parties.

14. EXPORT CONTROLS

The Search Engine Business encourages users from around the world to use the Site. However, if you choose to use the Site, you understand, acknowledge and agree that your use of the Site is governed by the TCU and the laws and regulations of Australia regarding online conduct and acceptable content. If you use the Site in a jurisdiction that prohibits or restricts the use of the Site, you agree that your use of the Site will be at your own risk, without limitation of any other provision of the TCU, and that The Search Engine Business shall not have any liability with respect to such use. Software from this Site is subject to Australian export controls. No software from this Site may be downloaded or otherwise exported or re-exported into any other country to which Australia or the United States has embargoed goods; or to anyone on the Australian or United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

15. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:-

Your use of the Site is at your sole risk. The Site, and its content, are delivered on an "as is" and "as available" basis.

The Search Engine Business 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, or non-infringement. The Search Engine Business makes no warranty that the Site or any related services, such as email, links, press and media releases, or searches offered on the Site will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the Site or any content, search or link therein. The Search Engine Business further cannot ensure that files you download from the Site will be free of viruses, Trojan horses, bugs, contamination, or destructive features.

Any material viewed, downloaded, or otherwise obtained through the use of the Site is done solely at your own discretion and risk, and The Search Engine Business will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, punitive, or consequential damages.

No advice or information, whether oral or written, obtained by you from The Search Engine Business or through or from the Site shall create any warranty not expressly stated in the TCU. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither The Search Engine Business nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

16. LIMITATION OF LIABILITY

You expressly understand and agree that The Search Engine Business shall not be liable for any 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 The Search Engine Business has been advised of the possibility of such damages), resulting from:

(i) the use or the inability to use the Site;

(ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site;

(iii) unauthorized access to or alteration of your transmissions or data;

(iv) statements or conduct of any third party on the Site; or

(v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon. In no event will The Search Engine Business be liable for any damages in excess of one
hundred Australian dollars (AUS$100.00).

17. EXCLUSIONS, LIMITATIONS AND REFUNDS

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. Because of the relatively minor fee for listing a business on The Search Engine Business, combined with the excellent sales potential a listing will bring, it is not expected there will be any requests for any refunds, however if any business is not happy on any reasonable grounds whatsoever, or any situation where The Search Engine Business can be shown to be at fault in any way, a full refund will be made within 30 days. The Search Engine Business may refuse any listing business which it finds illegal or not representing The Search Engine Business favourably - in such a case, a full refund will be passed. All refunds will be forwarded by a check/cheque or via a direct debit into a nominated bank account. Any inquiries or requests regarding refunds should be sent to:-

The Finance Manager,

Email: hq @ worldsspecializedsearchengines.com
or write to World’s Specialized Search Engine Business, Box 369, Noosa. 4567. Queensland. Australia.

18. MISCELLANEOUS

The TCU constitutes the entire agreement between you and The Search Engine Business and governs your use of the Site, superseding any prior agreements between you and The Search Engine Business. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

You agree that the TCU and the relationship between you and The Search Engine Business shall be governed by the laws of the State of Queensland Australia without regard to its conflict of law provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the State and Federal Courts of the State of Queensland, a State of the Country Australia.

The failure of The Search Engine Business to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision.

If any provision of the TCU 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 TCU remain in full force and effect. 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 the Site or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TCU are for convenience only and have no legal or contractual effect.

19. TERMS OF SERVICE.

The following terms of service may be repetitive of the above terms and conditions of use, however both are applicable to The Search Engine Business. The Search Engine Business is an on-line data base service ("Service") available over the Internet. As part of our service, The Search Engine Business will provide you links to other web sites and other services that The Search Engine Business may decide to offer, subject to the terms hereof. Upon notice published through the Service or otherwise, The Search Engine Business may modify this Agreement at any time. You agree and continue to agree to use The Search Engine Business Service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below.

GENERAL TERMS

a1) USE. By using the Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply and/or continue not to comply with the Terms of Service, The Search Engine Business may terminate your right to access the service.

a.2) DISCONTINUE USE. The Search Engine Business may discontinue or alter any aspect of the Service, including, but not limited to either…

i) Restricting the availability and/or scope of the Service for certain
platforms and operating systems;
ii) Restricting the times the service is available;
iii) Restricting the amount of use permitted; and
iv) Restricting or terminating any User's right to use the Service, at The Search Engine Business's sole discretion and without prior notice or liability.

a3) CHARGES. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service.

a4) CONTENT. You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Australian copyright laws, and The Search Engine Business owns a copyright in the selection, coordination, arrangement and enhancement of such Content.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not up-load, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner. The Search Engine Business and The Search Engine Business logo are
trademarks of The Search Engine Business. All other trademarks appearing on the Service are trademarks of their respective owners.

a5) RESPONSIBILITY. The Search Engine Business claims no responsibility for the accuracy, content, or availability of information accessed or linked to through use of its Service. The Search Engine Business encourages its users to determine and abide by the restrictions the authors and providers of linked-to web sites have placed upon use of the information contained in those Web sites.

a6) CONTENT OF USER. You will not engage in any conduct that in the discretion of The Search Engine Business restricts or inhibits any other person from using or enjoying the Service. You agree to use the Service only for lawful purposes. You are prohibited from posting on or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

a7) VARIATION OF SERVER. The Search Engine Business may elect to electronically monitor the Service for adherence to the Terms of Service and may disclose any Content, records or electronic communication of any kind: -

i) to satisfy any law, regulation or authorized governmental request;
ii) if such disclosure is necessary to operate The Search Engine Business Service;
iii) to protect the rights or property of The Search Engine Business
or its partners.

a8) RIGHTS OF THE SEARCH ENGINE BUSINESS. The Search Engine Business reserves the right to prohibit conduct, communication or Content which it deems in its discretion to be harmful to individual users or other third-party rights, or to violate any applicable law.

20. DISCLAIMER OR WARRANTY AND LIMITATION OF LIABILITY.

a) The Search Engine Business's services are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the service, including without limitation any The Search Engine Business software licensed to you and the results obtained through
the service. Specifically, The Search Engine Business disclaims any and all warranties, including without limitation:-

b) Any warranties concerning the availability, accuracy or content of information, products or services; and 3c) Any warranties of title or warranties of merchantability or fitness for a particular purpose. You agree that use of the service is entirely at your own risk.

c) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SEARCH ENGINE BUSINESS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

d) Neither The Search Engine Business nor any of its partners, agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of
use of the service or inability to gain access to or use the service or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the service.

e) You agree to indemnify and hold The Search Engine Business, its partners, agents, affiliates and content partners harmless from any dispute, which may arise from a breach of terms of this agreement. You agree to hold The Search Engine Business harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to customer's violation of this agreement, including the terms of service or any content placed on the service by you.

21 AGREEMENT IN GENERAL

a) Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between The Search Engine Business representatives and you. The Search Engine Business may amend or modify this Agreement or impose new conditions at any time upon notice from The Search Engine Business to Customer as published through the Service. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.

b) Independent Contractors. The parties are independent contractors. This Agreement shall not be construed to create a joint venture or partnership between the parties. Neither party shall be deemed to be, an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.

c) Section Headings. The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this agreement.