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Funnel Free Terms of Use

Welcome to Funnel Free web search, each owned and operated by Funnel (Pty)Ltd. By using the Funnel Free service, you accept and agree to be bound by the following terms and conditions. Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries.

1. Service.

1.1 Description of Service. Funnel Free web search assists You in providing Web search services on the Site (defined below) by utilizing the Funnel search engine to crawl and index pages from the South African internet. For purposes of the Terms of Use, shall mean the Web site or sites (and not any Client Application, as defined below) on which You place JavaScript or similar programming ("Code") which renders the Funnel search box (or other means used by users of the Site ("End Users") to enter a search query ("Query")) on the Site ("Search Box"). If you would like to access Funnel Free through any means other than the Site, including but not limited to through an application such as a toolbar, plug-in, helper, component or other executable code that runs a userís computer (examples include applications that provide instant messaging, chat, email, data, file viewing, media playing, file sharing, games, internet navigation, search and other services) ("Client Application"), then you must first obtain Funnelís prior written consent by submitting an email request to info@funnel.co.za. Funnel will receive Queries from You at Funnelís network interface, process the Queries using Funnelís search engine and display search results ("Results") on a Results Page. For purposes of the Terms of Use, "Results Page" is defined as the Funnel hosted or controlled Web page that contains and displays to an End User the Results from the Service. Funnel shall have sole and complete control over the content and format of the Results Pages.

Funnel Free web search includes all of the services described above for Funnel Free web search.

Unless explicitly stated otherwise, the Service may be modified or terminated at any time by Funnel for any reason, and without notice, without liability to You, any End User or any third party. Any new features that augment or enhance the current Service shall be subject to the Terms of Use.

1.2 Modifications. Funnel may modify the Terms of Use at any time with or without notice, and you can review the most current version of the Terms of Use online at any time at Terms of Use. If a modification is unacceptable to You, You may cancel the Service on the Site and terminate the Terms of Use by removing the Code and the Search Box from Your Site. If You continue to use the Code and/or the Search Box on any Site, You will be deemed to have accepted the modifications .

1.3 Your Obligations. You shall receive a Query from the End User and shall forward that Query to Funnel. You may not in any way frame or cache the Results produced by Funnel. Funnel will not be responsible for receiving Queries from End Users or for transmission of data between You and Funnelís network interface. You shall be responsible for providing all hardware and software required to perform Your obligations under the Terms of Use, including but not limited to the following: (a) implementing and maintaining the Site, (b) implementing and maintaining the interface between the Site and the Service, and (c) receiving a Query from an End User and transmitting the Query to Funnel.

1.4 Appropriate Conduct. You shall not, and shall not allow any third party to: (a) edit, modify, truncate, filter or change the order of the information contained in any Results (either individually or collectively), including, without limitation, by way of commingling Results with non-Funnel provided search results or advertising; (b) frame any Results or Results Page; (c) display any Results in pop-up, pop-under, exit windows, expanding buttons, or animation; (d) display any Results to any third parties other than End Users; (e) minimize, remove or otherwise inhibit the full and complete display of any Results Page (including any Results); (f) directly or indirectly access, launch and/or activate the Service through or from, or otherwise incorporate the Service in, any Client Application, Web site or other means other than the Site, and then only to the extent expressly permitted herein; (g) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorized purposes any Service or access thereto (including, but not limited to Results, or any part, copy or derivative thereof); (h) enter into any arrangement or agreement under which any third party pays You fees, You pay any third party fees, or either shares in any revenue payments and/or royalties for any Results; (i) directly or indirectly generate queries, or impressions of or clicks on Results, through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, click spam, robots, macro programs, and Internet agents); (j) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Service or any other Funnel technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (k) remove, deface, obscure, or alter Funnel's copyright notice or other proprietary rights notices affixed to or provided as a part of any Service or any other Funnel technology, software, materials and documentation; (l) "crawl", "spider", index or in any non-transitory manner store or cache information obtained from the Service (including, but not limited to, Results, or any part, copy or derivative thereof); (m) create or attempt to create a substitute or similar service or product through use of or access to any of the Service or proprietary information related thereto; and/or (n) engage in any action or practice that reflects poorly on Funnel or otherwise disparages or devalues Funnelís reputation or goodwill. Further, the Site shall not contain any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights.

1.5 Exclusivity. You agree that, during the Term, Funnel will be the exclusive provider of Internet search services on the Site. You further understand that Funnel will provide the Service on a nonexclusive basis, and that Funnel will continue to customize and provide its services to other parties for use in connection with a variety of applications, including search engine applications.

1.6 Advertising. Funnel shall have the exclusive right to serve advertisements on any Web pages that contain the Results provided by Funnel. You shall not in any way or for any purpose (including for purposes of advertising) frame any Results or Results Page provided by Funnel.

2. Proprietary Rights.

2.1 Funnel Rights. For purposes of the Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and Funnel, You acknowledge that Funnel owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service (including Funnel's search engine technology and Funnel Brand Features, and excluding items licensed by Funnel from third parties), and that You shall not acquire any right, title, or interest in or to the Service (including Funnel's search engine technology and Funnel Brand Features), except as expressly set forth in the Terms of Use. Search Adverts, Funnel, the "Funnel" logo, and other marks that incorporate the word Funnel and PAGERANK, are trademarks of Funnel.

2.2 Brand Feature License. For purposes of the Terms of Use, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. Funnel hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display Funnel's Brand Features for the purpose of promoting or advertising that You use the Service and for the purpose of fulfilling Your obligations under Section 2.3 below. You hereby grant to Funnel a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service. Funnel may modify the Funnel Brand Features or the Funnel Brand Features Guidelines from time to time and Funnel will post such notice on the Funnel Web site. You agree that Your respective products and/or services that are associated with Funnel's Brand Features shall meet the same general level of quality as is provided by Funnel in connection with Funnel's own Brand Features. Except as set forth in this Section 2.2, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of Funnel's Brand Features (including any goodwill associated therewith) shall inure to the benefit of Funnel. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of Funnel (except to the extent such restriction is prohibited by law) or the registration thereof by Funnel, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Funnel.

2.3 Attribution. The Search Box shall conspicuously display a graphic that indicates that the Service is provided by Funnel. The graphic shall link to the Funnel site located at http://www.funnel.co.za/ or such other address as Funnel may designate from time to time during the Term.

3. Privacy Policy. Funnelís collection and use of personal information is governed by Funnelís Privacy Policy, available at Privacy Policy. You understand and agree that Funnel may access, preserve, and disclose Your personal information and the contents of Your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Funnel, its affiliates or the public. Personal information collected by Funnel may be stored and processed in the South Africa or any other country in which Funnel or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

4. Warranties and Disclaimer.

4.1 Funnel Disclaimer of Warranties. Funnel MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND BRAND FEATURES. THE SERVICE AND BRAND FEATURES ARE DISTRIBUTED AND PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Funnel DOES NOT WARRANT THAT THE Funnel SERVICE AND BRAND FEATURES WILL MEET YOUR REQUIREMENTS OR THAT PERFORMANCE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING ANY ERRORS OR OMISSIONS IN THE SEARCH RESULTS OBTAINED THROUGH USE OF THE SERVICE. Funnel MAKES NO WARRANTY THAT Funnel FREE WEBSEARCH WILL INCLUDE ALL PAGES WITHIN A DOMAIN.

4.2 Your Warranties. You warrant that: (1) all information provided by You to Funnel in connection with the Service is true and accurate; (2) You have read and agree to Funnel's terms and conditions agreement, available at Terms of Use; (3) You have full power and authority to enter into the Terms of Use; (4) Your Brand Features, Content (defined as all editorial, text, graphic, audiovisual, and other content that is served to End Users of the Site and that is not provided by Funnel, including without limitation the Template, if applicable), or Site do not (a) infringe any Intellectual Property Rights of any third party, (b) constitute defamation, libel or obscenity, (c) result in any consumer fraud, product liability, breach of contract to which You are a party or cause injury to any third party, (d) promote violence or contain hate speech, (e) violate any applicable law, statute, ordinance, or regulations, or (f) contain adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age; (5) You will seek all necessary governmental approvals required to effectuate the Terms of Use; and (6) You shall perform all of Your obligations under the Terms of Use in accordance with applicable laws.

5. Indemnification. You will indemnify, defend, and hold Funnel harmless from any third party lawsuit or proceeding brought against Funnel based upon a claim that would constitute a breach of any warranty, representation or covenant made by You under the Terms of Use, including but not limited to any third party lawsuit or proceeding brought against Funnel based upon a claim that the Content, Site, or Your Brand Features infringe any copyright, trade secret or trademark of the third party. Your indemnification will include (1) all attorneysí fees and costs associated with the defense of such a claim, (2) all damages and costs finally awarded, and (3) the full cost of any settlement entered into by You. Funnel shall (1) notify You of any such claim, (2) provide You with reasonable information, assistance and cooperation in defending the lawsuit or proceeding (to the extent requested by You), and (3) give You full control and sole authority over the defense and settlement of such claim. You will not enter into any settlement or compromise of any such claim without Funnel's prior consent, which shall not be unreasonably withheld.

6. Limitation of Liability. Funnel SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE TERMS OF USE OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE Funnel SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY. THIS LIMITATION SHALL APPLY EVEN IF Funnel WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. THE SERVICE ARE PROVIDED WITHOUT CHARGE AND THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THE TERMS OF USE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

7. Term and Termination.

7.1 Term. The term of the Terms of Use (the "Term") shall commence on the date upon which You add Code to Your Site and shall continue in force thereafter, unless terminated as provided herein.

7.2 Termination. Funnel may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may terminate Your use of the Service at any time. In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Funnel or otherwise disparages or devalues the Funnel Brand Features or Funnel's reputation or goodwill. If You desire to terminate the Terms of Use, You must remove the Code and the Search Box from Your Site.

7.3 Rejection of Application. Funnel shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and Funnel. Funnel shall not be liable to You for damages of any sort resulting from its decision to reject such a request.

7.4 Effect of Termination. Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all Funnel Brand Features, Code and Search Box from the Site.

7.5 Survival. In the event of any termination or expiration of the Terms of Use for any reason, Sections 2.1, 4, 5, 6, 7.4, 7.5, 7.6, and 8 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms.

7.6 Remedies. You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to Funnel, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Funnel may be legally entitled, Funnel shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.




 



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