Terms of use
Terms of use
These Website Terms of Use (hereinafter “TOU”) apply to each visitor of our websites, such
as www.showmysearch.com, or any other Takoomi Ltd website displaying these TOU
(collectively, the "Sites") operated by Takoomi Ltd. Its parent, or subsidiaries (“Takoomi
Ltd,” “we,” “us,” or “our”).
Your use of the Sites is subject to these TOU and all applicable, rules, regulations and laws.
Please read these TOU carefully and reach out to us for any inquiries.
By accessing and/or using the Sites and its services, you agree that you have read,
understand, and agree to be legally bound by the TOU set forth below. If you do not agree
to be bound by these TOU, do not access or use the Sites. By agreeing to these TOU, you are
responsible for checking from time to time, for changes and/or updates to these TOU. You
can review the most updated version at any time on www.showmysearch.com. These TOU
could be modified at any time.
1. Right to access and use the Sites
showmysearch grants you a limited right to access and use the Sites under the conditions as
set out in the TOU. As between showmysearch and you, title, ownership rights, and
intellectual property rights in and to the Sites and any derivatives or modifications thereof,
in whole or in part, remain with Takoomi Ltd. You understand that Takoomi Ltd may
modify or discontinue the Sites or any of its features at any time in its sole discretion. The
TOU does not entitle you to any support, upgrades, updates, add-ons patches,
enhancements, or fixes for the Sites except in our sole discretion. You do not acquire any
right, title, or interest in any content on the Sites by virtue of accessing the Sites or making
use of the permitted uses allowed under these TOU. No license to use or reproduce any
logo or trademark included on the Sites is granted to you by these TOU or otherwise. The
trademarks, logos, service marks, and business names displayed on the Sites are protected,
whether or not they are registered. Any unauthorized use of content or information posted
on the Sites and any unauthorized reproduction, retransmission or other use of any part of
the Sites may infringe our or third parties’ copyrights, trademarks, privacy, publicity, or
other rights. This includes, without limitation, the use of automated systems or software to
extract data from the Sites for commercial purposes (also known as screen scraping),
unless where you have a written agreement with us particularly to this extent.
2. Limitations
In connection with your use of the Sites, you will not, and will not allow any third party to:
a) Link to or use the Sites in connection with any material that contains:
Adult content, including nudity, sexual terms and/or images of people in positions or
activities that are excessively suggestive or sexual;
Obscene, defamatory, libelous, slanderous and/or unlawful content;
Content that infringes upon the rights of any third party, including copyright, trademark,
privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
Inflammatory religious content;
Politically religious agendas and/or any known associations with hate, criminal and/or
terrorist activities; or
Hate speech, whether directed at an individual or a group, and whether based upon the
race, disability, sex, creed, national origin, religious affiliation, marital status, sexual
orientation, gender identity, or language of such individual or group.
b) Remove, obscure, or change any copyright, trademark, hyperlink, or other proprietary
rights notices contained within the Sites;
c) Modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt
to discover the source code or structure, sequence, and organization of the Sites or any
content contained therein;
d) Use the Sites in any manner that could damage, disable, overburden, or impair the Sites,
showmysearch, the third-party site, website, or application on which the Services are
available, or any other person or entity; or
e) Collect any information (including, without limitation, email addresses) about other
visitors of the Sites; create or transmit unwanted electronic communications to other
visitors of the Sites; or otherwise interfere with such visitors' enjoyment of the Sites.
Unless otherwise expressly authorized in these TOU or on the Sites, you may not take any
action to interfere with the Sites or any other visitor's use of the Sites. You expressly agree
that you will not copy, reproduce, modify, create derivative works from, distribute, publicly
display or screen scrape any content from the Sites without our prior written consent. You
agree not to bypass any measures we may use to prevent or restrict access to the Sites.
You agree not to use the Sites for illegal purposes (including, without limitation, unlawful,
harassing, libelous, invasion of another’s privacy, abusive, threatening, or obscene
purposes). You agree that you will comply with all laws related to your use of the Sites.
Where appropriate, for example in our contact form, you must use your own identity at all
times and you must ensure that all information you provide is accurate and up to date to
the best of your knowledge. Unless you have permission to do so (and can prove this), you
must not use information about any other person.
3. Digital Millennium Copyright Act (“DMCA”) Notice.
We are committed to complying with U.S. copyright and related laws, and we require all
users of the Services to comply with these laws. Accordingly, our users (including you)
may not disseminate any material or content using the Services in any manner that
constitutes an infringement of third party intellectual property rights, including rights
granted by U.S. copyright law. Owners of copyrighted works who believe that their rights
under U.S. copyright law have been infringed may take advantage of certain provisions of
the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged
infringements. It is our policy in accordance with the DMCA and other applicable laws to
reserve the right to terminate the rights of any user to access the Services if any such user
is either found to infringe third party copyright or other intellectual property rights,
including repeat infringers, or who we believe, in our sole discretion, are infringing these
rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we
will respond expeditiously to remove, or disable access to, the material claimed to be
infringing and will follow the procedures specified in the DMCA to resolve the claim
between the notifying party and the alleged infringer who provided the content in
issue. Our designated agent (i.e., the proper party) to whom you should address such
notice is:
If you believe that content that you or a third party owns has been used via the Services in a
way that violates your or someone else’s copyright or other intellectual property rights,
please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has
been infringed;
a description of where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information contained in your
report 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.
4. Limitation on Liability Disclaimers
ALL PROVISIONS SET OUT BELOW IN THIS SECTION 5 WILL APPLY TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
THE SITES, INCLUDING ALL CONTENT THEREIN, ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOU SHALL USE THE SITES AT
YOUR OWN RISK. SHOWMYSEARCH DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES,
INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, USEFULNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. SHOWMYSEARCH DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. SHOWMYSEARCH DOES NOT WARRANT THAT THE SITES OR CONTENT
CONTAINED THEREIN OR THE FUNCTIONS CONTAINED IN THE SITES WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITES OR THE SERVERS THAT MAKE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU (AND NOT SHOWMYSEARCH) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION OF ANY OF YOUR SYSTEMS.
SHOWMYSEARCHW EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH
THE SITES. IN NO EVENT SHALL SHOWMYSEARCH, ITS PARENT, ITS SUBSIDIARY OR
AFFILIATED COMPANIES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS (COLLECTIVELY, RELEASED PARTIES”), BE LIABLE TO ANY
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING
WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE
OF THE SITES, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR
VIA THE SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY, (V) ANY ERRORS,
MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SITES, OR
(VI) OTHERWISE RESULTING FROM THE USE OF THE SITES. NOTWITHSTANDING THE
FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY
DAMAGE OR LOSS THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR
USE OF THE SITES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’
LIABILITY SHALL IN NO EVENT EXCEED ONE US DOLLARS (US $1.00).
5. Indemnity
To the fullest extent permissible pursuant to applicable law, you agree that you will defend,
indemnify, and hold harmless showmysearch Corp, its parent, subsidiary and affiliated
companies, each of the foregoing entities’ respective employees, officers, directors,
representatives and agents from any and all claims, demands, causes of action, damages,
losses, costs, and expenses in any way arising out of your use of the Sites in violation of
these TOU, including without limitation (i) all matters related to your access to and use of
any showmysearch online services, including, without limitation, your use of the Sites,
(ii) your violation of any provision contained in the TOU; (iii) your violation of any third
party right, including without limitation any copyright, intellectual property, or privacy
right; (iv) any claims that your use of the Sites caused damage to a third party, and/or
(v) violations of any and all applicable laws, rules, or regulations from any jurisdiction.
6. Termination
SHOWMYSEARCH reserves the right, at any time and in its sole discretion, to discontinue the
use of the Sites in whole or in part, and prevent any person or entity from access to the
Sites. Upon termination for any reason, Sections 5 (Limitation on Liability and Disclaimers),
6 (Indemnity) and 9 (General) will survive.
7. General
The TOU and your use of the Sites shall be governed by the laws of the State of Delaware,
without regard to its conflict of laws principles, unless otherwise stated by mandatory
laws. Any action shall be brought exclusively in the courts located in the county of
Delaware and you hereby consent to such jurisdiction and venue to the extent permitted by
applicable law. In no event shall any claim, action, or proceeding by you related in any way
to the Sites be instituted more than one (1) year after the cause of action arose. If any
provision of the TOU (or part of such provision) is found to be invalid or unenforceable by
any court having competent jurisdiction, then that provision (or part of that provision)
shall be deemed severable from the TOU and shall not affect the validity and enforceability
of any remaining provisions that invalid or unenforceable (part of the) clause will be
replaced by a valid and/or enforceable, as the case may be, (part of the) clause which is as
close to the intention of the parties as possible. The failure of showmysearch to insist upon
or enforce any of the provisions of these TOU, or to exercise any rights or remedies under
these TOU, will not be construed as a waiver of showmysearch's right to assert or rely upon
any such provisions, rights, or remedies in that or any other instance; rather, the same will
be and remain in full force and effect. No waiver of any term of these TOU shall be deemed
a further or continuing waiver of such term or any other term. The TOU and the Privacy
Policy constitute the entire agreement between you and SHOWMYSEARCH with respect to the
offering of our Sites to you.
8. Questions
Should you have any questions regarding these TOU you may contact us
at support@showmysearch.com or via the address as indicated in the header of these TOU.