THE WHATUSEEK COLLECTION SUBMISSION TERMS OF SERVICE
1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
1.1 The whatUseek Collection Submission ("whatUseek Collection Submission" or the "Service") service, owned and operated by whatUseek, Corp. ("whatUseek") is provided to you ("You" or "Applicant") under the terms and conditions of this whatUseek Collection Submission Terms of Service (the "Agreement").
1.2 BY COMPLETING THE SERVICE REGISTRATION FORM AND CHECKING THE CHECKBOX NEXT TO, "I have read and agree to the whatUseek Collection Submission Guidelines and Terms of Service," YOU REPRESENT AND WARRANT THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION (INCLUDING AN ACCURATE E-MAIL ADDRESS) AS PROMPTED BY THE REGISTRATION FORM, THAT YOU ARE 18 YEARS OF AGE OR OLDER, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1.3 whatUseek reserves the right, in its sole discretion, in the future, to add, remove, change, or modify all or part of the Agreement at any time.
2.0 DESCRIPTION OF WHATUSEEK COLLECTION SUBMISSION
2.1 whatUseek Collection Submission is a fee-based service provided by whatUseek to consider Your Web site ("Site") for inclusion in the whatUseek Collection ("whatUseek Collection"). By signing up with whatUseek Collection Submission, whatUseek will consider and respond to Your request for inclusion in the whatUseek Collection within the time period ("Time Period") of the selected service option as stated on the whatUseek Web site. In consideration of Your payment and registration in accordance with this Agreement, whatUseek agrees that You will receive a response within the Time Period from the date that You submit Your Site for consideration (excluding holiday periods observed by whatUseek and any delays due to problems processing Your request). Response times are measured based on whatUseek's mail servers.
2.2 In order for whatUseek to consider Your Site for inclusion in the whatUseek Collection, You must submit a valid credit card information in the appropriate submission form. Upon clicking on the "Press Here for Final Confirmation" button, You agree that Your credit card will be charged the current fee for the whatUseek Collection Submission service option that You selected when You submit Your Site.
2.3 If Your Site offers offers content within a password protected area within Your Site, You must provide whatUseek a username and password as part of the registration form. The username and password must be valid for the duration of Your Site's inclusion in the whatUseek Collection and will be used by whatUseek solely as part of its evaluation of whether Your Site meets and maintains the minimum criteria explained in Section 4.1.
2.4 The fee for whatUseek Collection Submission is stated on the whatUseek Web site in reference to Your chosen service option. All Sites featuring adult content must submit using an adult submission option (Adult Velocity Submit or Adult Standard Submit) if provided. The editorial staff is required to use a more complicated review process for Sites offering adult content and/or services, which requires more time. If no adult submission options are provided on The whatUseek Collection submission pages at the time You attempt to submit, then You may not submit Your adult-content Site at that time. All adult Sites must be submitted to the most appropriate category. You acknowledge that the payment of this fee is for consideration of Your Site and does not in any way guarantee that your site will be included in The whatUseek Collection.
2.5 Nothing in this Agreement obligates whatUseek to list, link to,
accept or otherwise host Your Site anywhere on whatUseek. In
addition, if Your Site is accepted, nothing in this Agreement
obligates whatUseek to place Your Site within a specific category or
subcategory, or to provide any comments or annotations with the
listing of Your Site.
2.6 For Sites that are reviewed and placed within the whatUseek Collection, a yearly maintenance fee is required at the end of each year of inclusion within the Collection. This fee is stated on the whatUseek Web site. Upon receiving this fee, whatUseek will verify the validity of Your listing in the whatUseek Collection. Your Site will be re-reviewed similar to Your initial review, but at the lower price. Unless You give notice as stated in correspondence from whatUseek stating that You would like to be removed, You will automatically be charged the yearly renewal fee when a given year of inclusion in the whatUseek Collection has ended. If You give notice that You would not like to be charged the yearly maintenance fee, Your listing in the whatUseek Collection will be discontinued and removed. Upon removal of Your Site from the Collection, if You would like to once again be included in the whatUseek Collection, You must re-submit Your Site at full price.
3.0 SELECTION AND LISTING OF SITES
3.1 whatUseek reserves the right to decide what categories, keywords, descriptive text, and any other text to associate with Your Site. If whatUseek accepts Your Site for inclusion in the whatUseek Collection, whatUseek will consider Your suggestions, but reserves the right to associate categories, keywords, descriptive text, and any other text to Your Site at its sole discretion. Once whatUseek accepts a Site for inclusion in the whatUseek Collection, that Site shall be treated as any other listing in the whatUseek Collection. whatUseek reserves the right not to associate any keywords, categories, descriptive text, or any other text to Your Site as part of its inclusion in the whatUseek Collection.
3.2 whatUseek also reserves the right, in its sole discretion, to remove Your Site from the whatUseek Collection or to change the category(ies), keywords, descriptive text, and/or any other text associated with Your Site at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on Your Site.
3.3 whatUseek reserves the right to withhold approval of any public announcement related to Your inclusion or possible inclusion in the whatUseek Collection, including the method and timing of such announcements, in its sole discretion. Any and all press releases and other public announcements must be approved in advance by whatUseek in writing.
4.0 MINIMUM SITE CRITERIA
4.1 All Sites submitted to the whatUseek Collection must meet the following minimum criteria:
· The Site must be up and running 24 hours a day, 7 days a week.
· Your Site cannot distribute or sell drugs which are legally required to be issued by prescription without a prescription from the patient's own physician.
· Your Site must contain sufficient pages and recognizable content.
· Your Site cannot redirect to or mirror another Web site.
· The Site must not contain any content, products, services or other information that may infringe or violate anyone's rights; that, in whatUseek's reasonable determination, may be illegal to sell under any applicable law, statute, ordinance or regulation; or that, whatUseek believes in its sole discretion, is offensive, inflammatory, or otherwise inconsistent with the spirit of the whatUseek Collection.
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND WHATUSEEK, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING OR REJECTING A SITE.
whatUseek will contact Applicant by email describing whether the Site has been accepted or rejected. Upon receiving the results of the review of Your Site, You are entitled to request one reconsideration, or appeal, of the Site at no additional charge by sending an email to the address provided by whatUseek. whatUseek must receive the Applicant's email within thirty days from the date that whatUseek sends the email to the Applicant regarding the results of the review. If the request is timely received, whatUseek will again review the Applicant's Site and will then notify Applicant of its final decision regarding including the Site in the whatUseek Collection. If whatUseek reconfirms its initial review of the Site, no further appeals or submissions will be considered.
6.1 whatUseek will maintain information about Applicant on whatUseek servers, including but not limited to Applicant's registration information. Applicant agrees that whatUseek may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that whatUseek may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of whatUseek or others; provided, however, that nothing in this section shall impose a duty on whatUseek to make any such disclosures.
6.2 whatUseek may contact Applicant regarding whatUseek Collection Submission using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from whatUseek's advertisers.
7.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE.
WHATUSEEK, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF WHATUSEEK IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, WHATUSEEK'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR WHATUSEEK'S CONTINUED LISTING OF A SITE IN THE WHATUSEEK COLLECTION.
WHATUSEEK'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO WHATUSEEK UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES. ACCORDINGLY SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Applicant agrees to indemnify, defend and hold harmless whatUseek, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested Site, any alleged violation of this Agreement, or any alleged violation of any rights of others. whatUseek reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.
9.0 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties.
Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to whatUseek, such notices shall be addressed to col.support@whatUseek.com. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section.
11.0 FORCE MAJEURE
Neither party to this Agreement shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
The Agreement and the relationship between Applicant and whatUseek shall be governed by the laws of the state of Michigan without regard to its conflict of law provisions. Applicant and whatUseek agree to submit to the personal and exclusive jurisdiction of the Superior Court of the State of Michigan for the Wayne County or the United States District Court for the Southwestern District of Michigan. whatUseek's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 agree that the other provisions of the Agreement remain in full force and effect. Applicant agrees 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, to the Agreement, or to Applicant's listing in the whatUseek Collection must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.