2. DESCRIPTION OF SERVICE
HashThySelf provides users with access to a search service (the "Service") and Software to access such service ("Software") from computers, cellular phones and PDAs. The Service and Software enable users to locate digital photographs or web sites that bear digital photographs of individuals that are claimed by the HashThySelf algorithm to bear likeness to a person in the submitted image.
For purposes of computational and bandwidth efficiency, HashThySelf might store information input by you in such a form that precomputed search results are readily identifiable upon a request to repeat a search using any image that has already been processed once. HashThySelf also accepts and stores personal identifying information volunteered by you. It will use such information to annotate, in the search results web-page, photographic information that you may have submitted. You understand that the information you supply will thenceforth be visible through a publically accessible web page and that it is not necessary for you to provide such additional textual information in order to avail of the Service.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for HashThySelf to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new HashThySelf services, shall be subject to the TERMS. You understand and agree that the Service is provided "AS-IS" and that HashThySelf assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or user-submitted information. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
The Service and the Software are made available to you for your personal, non-commercial use only. You may not use the Software in any manner that could damage, disable, overburden, or impair HashThySelf's services (e.g., you may crawl or access the Service in an automated manner), nor may you use Service in any manner that could interfere with any other party's use and enjoyment of the Service, or the services and products of Third Parties. "Third Parties" means the third party licensors of the Service.
HashThySelf is concerned about the safety and privacy of all its users, particularly children. For this reason, you agree not to submit images of children under the age of 13 to the Service. You also agree not to submit images that you do not own. In particular, you may only submit and modify images and annotations of your own or of persons from whom you have written consent to do so. You may not submit copyrighted material of any kind. In addition you may not submit pornographic, lewd or other content that may be perceived as offensive. Such content includes, but is not limited to sexually explicit content, content with racial slurs, content spreading hatred or content promoting or abetting unlawful actions. HashThySelf reserves the right to label any content on its site as inappropriate and thereby purge its Service of the content. HashThySelf also reserves the right to attempt to identify and block access to the Service for misusers of the Service, originators of hack attacks, or persons who repeatedly use the Service in non-compliance with the TERMS.
You accept complete responsibility for all submitted content and understand that such content may be displayed to the public through the Service.
HashThySelf automatically receives and records information on our server logs from your browser, including your IP address, HashThySelf cookie information, and the page you request. In addition, on the HashThySelf Vote-on-Results page, we collect information that you may explicitly submit for the purpose of influencing the ranking of the results produced by our algorithm. HashThySelf may use the information for the following general purposes: to customize the advertising and content you see, to train our algorithms to improve the searching and/or indexing process, provide anonymous reporting for internal and external clients, and to demonstrate consumer uptake of the service to HashThySelf's potential partners and clients.
HashThySelf does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide services you have requested, when we have your permission, or under the following circumstances:
Information Sharing and Disclosure:
i) We provide the information to trusted partners who work on behalf of or with HashThySelf under confidentiality agreements. However, these companies do not have any independent right to share this information.
iv) HashThySelf may display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria. HashThySelf does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
HashThySelf may set and access cookies on your computer. HashThySelf lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to HashThySelf's cookies. HashThySelf may use web beacons to access HashThySelf cookies inside and outside our network and in connection with other HashThySelf services.
Your ability to edit and delete information you submit:
You have a means to associate with your photograph, your name, and optionally other information (the Annotation) through textual input fields on the HashThySelf web page. You can edit the Annotation in our cache at any time by resubmitting the photograph, entering new information and asking for your record to be rewritten by pressing the "Shmash" button. From time to time, the "Shmash" button may be disabled to cope with excessive server load. During these times, and when you want your entire record to be purged from the HashThySelf cache, you may send a special request to the purge link including your Hash key that is displayed in the URL for your search results. You understand that the HashThySelf support team will action such a request within a reasonable time depending upon their other obligations and resource constraints.
5. USER CONDUCT
You understand that all information, data, text, photographs, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not HashThySelf, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. HashThySelf does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, there is a chance that you may be exposed to Content that may be offensive, indecent or objectionable. Under no circumstances will HashThySelf be liable in any way for any Content, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a HashThySelf official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
h) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "pyramid schemes," or any other form of solicitation;
i) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k) intentionally or unintentionally violate any applicable local, state, national or international law
l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m) "stalk" or otherwise harass another; and/or
n) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above.
You acknowledge that HashThySelf may or may not pre-screen Content, but that HashThySelf and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, HashThySelf and its designees shall have the right to remove any Content that violates the TERMS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by HashThySelf or submitted to HashThySelf.
You acknowledge, consent and agree that HashThySelf may access, preserve, and disclose your information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of HashThySelf, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by HashThySelf and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
HashThySelf does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant HashThySelf the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of HashThySelf, the license to reproduce, distribute and publicly display such Content on the Service solely for the purposes of providing and promoting the specific service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or HashThySelf removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the Service to be available to the general public. By way of example, publicly accessible areas of the Service would include the recent search results page. However, publicly accessible areas of the Service would not include areas off of the HashThySelf web-site such as portions of World Wide Web sites that are accessible through hypertext or other links but are not hosted or served by HashThySelf.
You agree to indemnify and hold HashThySelf, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TERMS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service including your HashThySelf Zeta links, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that HashThySelf may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum disk space that will be allotted on HashThySelf's servers to store your Content, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that HashThySelf has no responsibility or liability for the deletion or failure to store Content maintained or transmitted by the Service. You acknowledge that HashThySelf reserves the right to purge Content that has remained unaccessed for an extended period of time. You further acknowledge that HashThySelf reserves the right to modify these general practices and limits from time to time.
11. MODIFICATIONS TO SERVICE
HashThySelf reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HashThySelf shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HashThySelf shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HashThySelf has no control over such sites and resources, you acknowledge and agree that HashThySelf is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HashThySelf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. HASHTHYSELF'S PROPRIETARY RIGHTS
HashThySelf grants you a personal, non-transferable and non-exclusive right and license to use the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HashThySelf for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HASHTHYSELF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) HASHTHYSELF MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HASHTHYSELF OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HASHTHYSELF SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HASHTHYSELF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
18. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these TERMS, there shall be no third party beneficiaries to this Agreement.
HashThySelf may provide you with notices, including those regarding changes to the TERMS, by postings on the Service.
20. TRADEMARK INFORMATION
The HashThySelf logo, "Hash Thyself. Find Thy Zeta!" slogan, "Who's thy Zeta?" catch-phrase, the notion of HashSpace and its unique topology as defined within the Service, the word Zeta and the concept of a Zeta as defined by the Service, the word Zetamaton and its usage alluding to the function of an automaton that searches for Zetas and other HashThySelf logos and product and service names are proprietary to HashThySelf, LLC.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
HashThySelf respects the intellectual property of others, and we ask our users to do the same. HashThySelf may, in appropriate circumstances and at its discretion, delete Content belonging to and block access to the Service from users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide HashThySelf the following information:
i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii) a description of where the material that you claim is infringing is located on the site;
iv) your address, telephone number, and email address;
v) a 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;
vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
vii) HashThySelf's Agent for Notice of claims of copyright or other intellectual property infringement can be reached via the Internet.
22. GENERAL INFORMATION
Entire Agreement. The TERMS constitutes the entire agreement between you and HashThySelf and governs your use of the Service, superseding any prior agreements between you and HashThySelf with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use certain other HashThySelf services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TERMS and the relationship between you and HashThySelf shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and HashThySelf agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of HashThySelf to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision. If any provision of the TERMS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that any rights to Content you transfer to HashThySelf terminate upon your death. Upon receipt of a copy of a death certificate, your Content may be permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TERMS are for convenience only and have no legal or contractual effect.
Please report any violations of the TERMS to our Customer Care group and we will take the appropriate action as soon as possible.