Our Terms and Conditions
This agreement ("Terms of Service") states the terms and conditions (the "Terms and Conditions") under which you may use www.websitesafetycheck.com (the "Website") and other WebsiteSafetyCheck.com services (the "Services"). Please read this page carefully. If you do not accept these Terms and Conditions, do not use the Website or the Services. Additional terms may apply to the use of our Website or Services, and are disclosed in an End User License Agreement distributed with such software or Services. We may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Website or the Services following the posting of changes to these Terms and Conditions will mean you accept those changes.
Content Linked to by WebsiteSafetyCheck.com
The sites which we link to, provide or test are developed by external companies over whom we exercise no control. The test results and other results are developed primarily by automated machinery and computers. We may conduct, but do not guarantee or accept requests for, additional manual screening of particular sites to add to or clarify the results of automated testing. Portions of our software may display the results of our test results as users search for sites or browse the Internet. Our ratings adjacent to search results or a particular site are not to be construed as a guarantee of any particular site's specific practices or trustworthiness, and in no case represents an endorsement by WebsiteSafetyCheck.com, its affiliates and subsidiaries of the site's specific content, general subject matter, overall quality or usefulness. Our software may display our test results adjacent to websites which some people find objectionable, inappropriate, or offensive. We assume no responsibility for the content of any site we test, listed on the Website or referenced by our software.
Personal Use Only
The Website is made available for your personal, non-commercial use only. You may not use the Website or the Services to sell a product or service, or to increase traffic to your Website for commercial reasons, such as advertising sales. You may not "scrape" the Website. You may not take our test results and reformat and display them, or mirror home page or results pages on your Website. If you want to make commercial use of our services, you must enter into a separate agreement with us to do so in advance.
Our Intellectual Property
All Website materials and Services including, but not limited to, the WebsiteSafetyCheck.com logos, design, text content, graphics, and other material, and the selection and arrangement thereof (the "Materials") are copyrighted by WebsiteSafetyCheck.com and its licensors and vendors, and are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of WebsiteSafetyCheck.com. Permission is granted to display, copy, and download the Materials on this Website for personal, non-commercial and informational use only provided that you may not (a) modify the Materials or (b) remove or alter any copyright or other proprietary notices contained in the Materials.
You may not use, frame or utilize framing techniques to enclose any WebsiteSafetyCheck.com trademark, logo or other proprietary information (including the images found at this website, the content of any text or the layout/design of any page or form contained on a page) without WebsiteSafetyCheck.com's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a WebsiteSafetyCheck.com name, trademark or product name without WebsiteSafetyCheck.com's express written consent.
WebsiteSafetyCheck.com makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
User Conduct
You agree to not use the Website to:
1. post any content that is unlawful, harassing, defamatory, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable;
2. impersonate any person or entity, including, but not limited to, a WebsiteSafetyCheck.com employee, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4. post or otherwise make available any unsolicited or unauthorized advertising or promotional materials;
5. interfere with or, disrupt the Website or violate the security of the Website or servers or networks connected to WebsiteSafetyCheck.com;
6. use the Website to violate the security of other Websites by any method.
You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any content that is submitted to the Website. 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.
You acknowledge that we shall have the right to terminate your access to the Website or Services for violations of any of these rules, including repeat infringement of copyrights.
User Submissions
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Website. If you submit comments or other content to the Website, we may make use of your submission, including showing your submission to other users who might benefit from your submission. As such, we need broad rights in the content you submit to the Website. The following paragraph describes these rights. By submitting content to the Website, you grant WebsiteSafetyCheck.com and its subsidiaries and affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Website to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
Advertising
The WebsiteSafetyCheck.com Website and Services may display advertisements. The manner, mode and extent of advertising by WebsiteSafetyCheck.com through the Website and Services are subject to change. As consideration for your use of WebsiteSafetyCheck.com Website and Services, you agree that WebsiteSafetyCheck.com shall not be responsible or liable for any loss or damage associated with any third party advertisers you may chose to contact.
Changes in Terms and Conditions
We may modify or terminate the Services or Website from time to time, for any reason, and without notice and without liability to you. We reserve the right to modify these Terms and Conditions from time to time without notice. You should visit this page periodically, because your continued use of the Website and/or Services following the posting of changes to these Terms and Conditions will mean you accept those changes.
Disclaimer of Warranties
WEBSITESAFETYCHECK.COM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED ON THE WEBSITE, SERVICES OR SOFTWARE. WEBSITESAFETYCHECK.COM DISCLAIMS ANY RESPONSIBILITY FOR INFORMATION DEEMED INACCURATE OR INCOMPLETE. WEBSITESAFETYCHECK.COM DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET USING THE WEBSITE, SERVICES OR SOFTWARE. THE WEBSITE, SERVICES AND SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WEBSITESAFETYCHECK.COM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WEBSITESAFETYCHECK.COM, ITS AFFILIATES, SUBSIDIARIES AND LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE COMPANY'S WEBSITE AND SOFTWARE. WEBSITESAFETYCHECK.COM, ITS AFFILIATES, SUBSIDIARIES AND LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE, SERVICES OR SOFTWARE. WEBSITESAFETYCHECK.COM DOES NOT WARRANT THAT THE WEBSITE, SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE, SERVICES OR SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, WEBSITESAFETYCHECK.COM, ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of liability
UNDER NO CIRCUMSTANCES SHALL WEBSITESAFETYCHECK.COM, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS BE LIABLE TO ANY USER FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, SERVICES OR SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES; WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEANY OTHER LEGAL THEORY, (EVEN IF WEBSITESAFETYCHECK.COM, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, SERVICES OR SOFTWARE, FROM INABILITY TO USE THE WEBSITE, SERVICES OR SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE, SERVICES OR SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEBSITE OR COMMUNICATIONS TO USERS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, SERVICES OR SOFTWARE OR RECEIVED THROUGH ANY LINKS PROVIDED BY WEBSITESAFETYCHECK.COM.S COMMUNICATIONS TO USERS. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR SOFTWARE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE, SERVICE OR SOFTWARE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Without limiting the foregoing, under no circumstances shall WebsiteSafetyCheck.com, its affiliates, subsidiaries or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service and all claims related to them, their execution or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by WebsiteSafetyCheck.com.
