Safe Search TOS - 2016-09-01
Safe Search Terms of Service
Effective Date: September 1, 2016
ACCEPTANCE OF TERMS
Welcome to Safe Search (the "Service") operated by the Symantec entity set forth below ("Symantec" or "we"). Your use of the Service, information, and content available through the Service are subject to applicable laws and the following terms of service ("Terms of Service"). If you do not agree to these Terms of Service, do not use the Service or access the information and content available through the Service. Please note that Symantec reserves the right to revise the Terms of Service at any time, without notice to you, by posting an update to this page. Your continued use of the Service following the posting of changes to the Terms of Service will mean you accept those changes.
If you are located in the Americas, Symantec Corporation, with a principal place of business at 384 Santa Trinita Avenue, Sunnyvale, CA 94085, or if you are located outside the Americas, Symantec Systems International SARL, with a principal place of business at Les Galleries du Rex, 3A Route des Arsenaux, 3eme Etage, 1700 Fribourg, Switzerland, is the contracting entity offering you the Service.
YOU ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICE AND/OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE, YOU HAVE AGREED TO BE BOUND BY THE TERMS OF SERVICE.
RIGHT TO ACCESS
You affirm that you are over the age of 13. If you are under 13 years of age, you may not access or use the Service.
DESCRIPTION OF THE SERVICE
Safe Search is a search engine that removes from your search results, the links and images that have been classified as offensive or malicious by Symantec's WebPulse technology. If you are not using the K9 Web protection software, then the default filter policy of WebPulse will apply. If you are using the K9 Web protection software, then your search results are filtered based on the policy you establish using the K9 Web protection software in addition to the filter policy of WebPulse. Note that certain results of Safe Search are filtered (e.g., pornographic sites) regardless of the policy you set using the K9 Web protection software because the Service search results are first filtered by WebPulse's policy.
A search using the Service may still produce search results and links to sites that some people may find objectionable, inappropriate, or offensive. Symantec does not guarantee that the Service will identify unintended or objectionable content, and Symantec assumes no responsibility for the any content, advertising, products or other materials on or available from the sites to which the search results may link to. Symantec assumes no responsibility for the content or privacy policies of third-party sites. By using the Service, you expressly waive any rights, claims or liability against Symantec from your use of any third-party sites.
In the event you wish to report objectionable sites, Symantec has provided you with an option to report sites at http://sitereview.bluecoat.com. To report objectionable images resulting from your search on the Safe Search site, simply click on the "Report Ad" link shown under the advertisement section of the search result webpage.
The Service is proprietary to Symantec or its licensors or suppliers. You acknowledge and agree that: (a) the Service is protected under U.S. and international copyright and other intellectual property laws; (b) Symantec and its licensors retain all copyrights and other intellectual property rights in the Service; (c) there are no implied licenses under this Terms of Service and all rights are reserved by Symantec or its licensors or suppliers; and (d) you acquire no ownership or other interest in or to the Service. You agree that any suggestions, comments or other feedback provided by you to Symantec with respect to the Service ("Feedback") shall not be deemed to constitute confidential information of you or impose any confidentiality obligations on Symantec. Symantec shall be free to use, disclose, reproduce, license or otherwise distribute and exploit anonymized Feedback without any obligation, restriction or duty to account. You acknowledge and agree that Symantec or Symantec's licensors own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
YOUR USE OF THE SERVICE
The term "Service Content" means all information, links, text, pictures, sound, graphics, video, data and other content provided by Symantec, its licensors, and third parties displayed on the Service.
You are authorized to access and use the Service as set forth in these Terms of Service, provided that: (i) your use of the Service as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer the Service, the information generated from the Service, or any portion thereof; (iii) you will not alter, adapt, or otherwise modify the Service, the information generated from the Service, or any portion thereof; and (iv) you will otherwise comply in full with the Terms of Service.
The following are examples of activities that you shall not use the Service to engage in:
- Reformat and display any Service Content;
- Sell a product or service, or to increase traffic to your website;
- Mirror the Safe Search home page or results pages on yours or a third party's website;
- Access or attempt to access the Service through any automated means such as: (i) accessing the Service through use of scripts, scrapers, bots, spider, web crawlers or a "meta search"; (ii) using any software which sends queries to the Service to determine how a website or webpage "ranks" for various queries; and (iii) performing "offline" searches on any Safe Search website;
- Copy, store, sell, rent, lend, lease distribute, or timeshare the Service;
- Alter or remove any marks or proprietary legends contained in the Service;
- Circumvent or otherwise interfere with any authentication or security measures of the Service;
- Interfere with or disrupt the integrity or performance of the Service;
- Transmit material containing software viruses or other harmful or deleterious computer code, files, scripts, agents, or programs; and/or
- Modify, translate, or create derivative works based on any element of the Service or the information generated from the Service.
You shall not violate or attempt to violate the security of the Service. Violations of system or network security may result in civil or criminal liability. Symantec reserves the right to investigate any event or occurrence which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
EXPORT AND IMPORT LAW COMPLIANCE
Use of the Service may be subject to laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations in connection with your use of the Service.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SYMANTEC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, AND/OR ACCURACY OF INFORMATION. SYMANTEC DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
NOTWITHSTANDING ANY OTHER TERMS HEREIN, SYMANTEC SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT YOUR USE OF SERVICE COMPLIES WITH APPLICABLE LAWS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE.
NOTHING IN THESE TERMS OF SERVICE SHALL EXCLUDE OR LIMIT SYMANTEC'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU. SYMANTEC'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SYMANTEC, ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE MATTERS GOVERENED BY THIS TERMS OF SERVICE, YOUR USE OR MISUSE OF THE SERVICE, OR YOUR RELIANCE ON THE INFORMATION GENERATED FROM THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE. IN THE EVENT THAT THIS LIMITATION IS SUPERSEDED BY APPLICABLE LAW, THE MAXIMUM AMOUNT OF SUCH DAMAGES YOU MAY OBTAIN AGAINST BLUECOAT SHALL BE LIMITED TO $50.00 USD.
LIMITED TIME TO BRING YOUR CLAIM
You agree that any cause of action arising out of or related to the Service brought on by you must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You agree to indemnify and hold Symantec and its agents and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service and/or Service Content, your violation of these Terms of Service, or your violation of any rights of another.
You agree that, with or without notice, Symantec may in its sole discretion terminate your use of the Service, for any reason, including if Symantec believes that you have violated or acted inconsistently with the letter and spirit of the Terms of Service. Symantec may also in its sole discretion and at any time discontinue the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms of Service may be effected without prior notice. You acknowledge and agree that Symantec may bar any further access by you to the Service. Further, you agree that Symantec shall not be liable to you or any third party for terminating your access to the Service.
The Term of Service constitutes the entire agreement between you and Symantec relating to your use of the Service.
The Terms of Service and the relationship between you and Symantec shall be governed by (a) the laws of the California without regard to any conflict of law provisions if you are located in the Americas, and you and Symantec agree to the personal and exclusive jurisdiction and venue of the State and Federal courts in Santa Clara County, California in all disputes arising out of or relating to these Terms of Service, or (b) the laws of England and Wales without regard to any conflict of law provisions if you are located outside the Americas, and you and Symantec agree to the personal and exclusive jurisdiction and venue of the courts of London, England in all disputes arising out of or relating to these Terms of Service. The failure of Symantec to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Should any part of the Terms of Service be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Service had been eliminated.