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General
Americola.com and Americola.com's owners, officers, directors, agents, subsidiaries, affiliates,
employees, successors, assigns, content providers and service providers (collectively "Americola") provide you with access to this Web site and the services available
on this Web site, or other Web sites as indicated below, (collectively, the
"Services," which will be defined more under the Section,
"Services."). Access to and use of the Services is governed by these Terms of
Use (the "Agreement"). By accessing or using the Services, you indicate your
assent to be bound by the Agreement, and your acknowledgment of and agreement to its
terms.
Services
The Services include Americola search for biographies (from AmericolaWiki), sites, images, videos, auctions and products (located at
www.americola.com)
(the "Search Services"). The Services may also be located on third party web
sites and/or applications. Our Search Services enable you to search the World Wide Web for
anything that interests you, whether it is biographies, gossip or high
resolution media. Our principal search services are focussed primarily
around celebrities. Some search listings are provided by advertisers of Americola
while others are provided to Americola by third parties to supplement the advertiser
listings). In particular, Americola has partnered with picsearch.com to
provide you with image and video results.
Americola is constantly
innovating in order to provide the best possible experience for its users.
You acknowledge and agree that the form and nature of the Services which Americola
provides may change from time to time without prior notice to you.
As part of this continuing
innovation, you acknowledge and agree that Americola may stop (permanently
or temporarily) providing the Services (or any features within the Services)
to you or to users generally at Americola ’s sole discretion, without prior
notice to you. You may stop using the Services at any time. You do not need
to specifically inform Americola when you stop using the Services.
A little more detail:
The Services act as a system or venue to introduce you to buyers and sellers of goods
and services and providers of information. Americola uses reasonable efforts to ensure
the availability of the information and content, including Sponsored Links, that it makes available
through the Services. However, some of the Services are composed of content not offered by Americola. Americola does not control (i) the quality, safety or legality of items
available through or on its advertisers' Web sites or sites of third parties not in party
of contract with Americola, (ii) the truth or accuracy or legality of the content from
those advertisers or those third parties (even if such content appears on the Services),
or (iii) the availability or technical capabilities of their Web sites or links to those
Web sites. Americola is not liable or responsible for content supplied by third
parties, or for actions you might take in reliance on that content.
Nothing contained in any of the Services is an offer or promise to sell a specific
product for a specific price or that any advertiser will sell any product or service for
any purpose or price or on any specific terms. Americola does not guarantee the price,
terms, product, availability and/or services offered by any advertiser. In
particular, all prices listed in our shopping sections are subject to change
by Amazon.com at all times.
For all of the Services, Americola is not involved in any transactions between you
and any of its advertisers, and is not responsible for, and does not guarantee the price
or performance of any goods, services or information provided by advertisers. If you have
a dispute with one or more advertisers, you agree to release and hereby release Americola (and Americola.com's owners, officers, directors, agents, subsidiaries, affiliates,
employees, successors, assigns, content providers and service providers) from claims,
demands and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes.
Use of Services by you
You agree not to access (or attempt to access) any of the Services by any
means other than through the interface that is provided by Americola, unless
you have been specifically allowed to do so in a separate agreement with Americola. You specifically agree not to access (or attempt to access) any
of the Services through any automated means (including use of scripts or web
crawlers) and shall ensure that you comply with the instructions set out in
any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with
or disrupts the Services (or the servers and networks which are connected to
the Services). Excessive queries from an IP address
can result in the IP being blocked. Americola decides at its sole
discretion what shall be considered excessive queries and which IP addresses
shall be blocked.
In order to access certain
Services, you may be required to provide information about yourself (such as
identification or contact details) as part of the registration process for
the Service, or as part of your continued use of the Services. You agree
that any registration information you give to Americola will always be
accurate, correct and up to date.
You acknowledge and agree
that if Americola disables access to your account, you may be prevented from
accessing the Services, your account details or any files or other content
which is contained in your account.
Unless you have been specifically permitted to do so in a separate
agreement with Americola, you agree that you will not reproduce, duplicate,
copy, sell, trade or resell the Services for any purpose.
You agree that you are solely
responsible for (and that Americola has no responsibility to you or to any
third party for) any breach of your obligations under the Terms and for the
consequences (including any loss or damage which Americola may suffer) of
any such breach.
Content in the Services
You understand that all information (such as
data files, written text, computer software, music, audio files or other
sounds, photographs, videos or other images) which you may have access to as
part of, or through your use of, the Services are the sole responsibility of
the person from which such content originated. All such information is
referred to below as the "Content".
You should be aware that Content presented to
you as part of the Services, including but not limited to advertisements in
the Services and sponsored Content within the Services may be protected by
intellectual property rights which are owned by the sponsors or advertisers
who provide that Content to Americola (or by other persons or companies on
their behalf). You may not modify, rent, lease, loan, sell, distribute or
create derivative works based on this Content (either in whole or in part)
unless you have been specifically told that you may do so by Americola or by
the owners of that Content, in a separate agreement.
Americola reserves the right (but shall have
no obligation) to pre-screen, review, flag, filter, modify, refuse or remove
any or all Content from any Service. For some of the Services, Americola or
any of its partners may provide tools to filter out explicit sexual content.
These tools include
Picsearch's family friendliness filter that allows children to search
safely as it filters out all offensive content. In addition, there are
commercially available services and software to limit access to material
that you may find objectionable.
You understand that by using the Services you
may be exposed to Content that you may find offensive, indecent or
objectionable and that, in this respect, you use the Services at your own
risk.
You agree that you are solely responsible for
(and that Americola has no responsibility to you or to any third party for)
any Content that you create, transmit or display while using the Services
and for the consequences of your actions (including any loss or damage which
Americola may suffer) by doing so.
Search Engine promotion
Americola reserves the absolute right to refuse to list any sites which it may, at its
sole discretion, find unsuitable. Americola does not accept Websites that produce or
provide adult content. Americola does not accept Websites that engage in, promote or
facilitate illegal or legally questionable activities such as pirating and hacking. We
also reserve the sole right to decide which sites qualify as "Celebrity" sites!
Americola reserves the right
to set a minimum bid amount for Sponsored Links (paid listings) and to
modify such amount at its convenience. If you do not agree with this term,
do not deposit any money in an Americola bid account.
No refunds will be made to users who deposit money in their account to promote
unsuitable sites! We will refuse to list any such sites. All monies deposited shall
however be retained by the promoter to be used to promote acceptable content sites.
Users who abusively try to manipulate our system or use "fake" URLs to direct
traffic to unacceptable sites will be banned without refund. Be forewarned! Should you be
in doubt whether the content of your site is acceptable, please
contact
us prior to depositing monies.
Affiliate program
Americola offers celebrity webmaster the possibility to add a Americola search
box to their site and get credit for offering their visitors the chance to search websites
of stars.
Americola reserves the absolute right to refuse to affiliate with any Publisher. Americola does not accept Websites that produce or provide adult content. Americola does not accept Websites that engage in, promote or facilitate illegal or
legally questionable activities such as pirating and hacking. We also reserve the sole
right to decide which sites qualify as "Celebrity" sites!
Webmasters who would like to take advantage of our affiliate program must sign up for
an account and be accepted by the Americola review team. If you own multiple sites you
must inform Americola of exactly which sites you intend on showing our search box on
so that each site may be reviewed and accepted. We reserve the sole right to credit or not
to credit, at our sole discretion, websites that have not been accepted by our team of
reviewers.
Affiliates will be credited a percentage of the pay-per-click revenues generated from
their website. Only unique daily hits will qualify; i.e. when you send our site a visitor
from your site via our special linking code. This program only tracks unique visitors. A
unique visitor is a person that has only been to our site once in a 24 hour period. To
maintain profitability and keep the click-thru program effective for all, we monitor
traffic conversion ratios.
Publishers may only use the search box links provided. No deceptive links, no blind
links, no forced links, no meta-refreshing. No spamming. No email or newsgroup selling
(spamming) of surfers or webmasters. We must be able to view the referring pages and
links. If our links are not found on your referring pages, or referrers are hidden by cgi,
you may be terminated.
By joining our affiliate program, webmasters acknowledge having read and agreed to all
of our
Terms of use and our
Privacy
Policy. We track IP addresses in order to detect fraudulent misuse of our system and
will terminate all accounts which break the rules and will not pay any affiliate fees to
the breaching party.
Affiliates will receive credit in their Americola bid account (open one here). Americola may, at is sole option,
decide to allow affiliates to withdraw funds from their Americola bidding account when
their Americola bidding account has reached a certain amount (which will not be
inferior to USD 50.00). ONLY AFFILIATE EARNINGS MAY BE WITHDRAWN (if Americola so
choses to allow such withdrawls). No monnies that a user added to the bidding account by Paypal or credit card for
advertising will be refunded. to the paid solely by Paypal. No other options (except
for Paypal) shall be available
for payments of affiliate earnings. Affiliates who are caught generating "fake"
traffic or abusing our affiliate program will have their account terminated and no credit
will be made! We use tracking methods to insure that our system is not abused.
Only Personal Use is Authorized
Under this Agreement, Americola gives you permission to access and use the Services
for your personal use, and to copy, distribute and transmit the content of the Services
only to the extent that such copying, distribution, and transmission is automatically done
through your browser software incidentally to using the Services for your personal use.
You may also print a copy of the information displayed on the Services for your personal
use. That means, that except as set forth above, you may not modify, reformat, copy,
display, distribute, transmit, publish, license, create derivative works from, transfer or
sell any information, products, or service obtained by your use of the Services. This
restriction means, among other things, that you may not mirror on your own Web site any
portion of the Services or display through your own Web site any results pages or other
information from the Services without Americola's express permission.
The technology underlying, and content within, the Services is owned by Americola
and/or its licensors (including Americola's advertisers and other content providers)
and is protected by copyright and other intellectual property or proprietary rights. If
you use the Services other than as provided above, you may violate copyright and other
laws of Switzerland and other countries and may be
subject to penalties. That would not be a good thing. As between you and Americola,
Americola owns and retains all ownership of the technology underlying and content
within the Services, and reserves all rights not explicitly granted to you in this
Agreement.
The content of the
AmericolaWiki section of Americola.com is licensed under the
GNU Free Documentation License. This means that you may redistribute it,
verbatim or modified, providing that you comply with the terms of the GFDL.
Read more here: AmericolaWiki
Exclusion of Warranties
The Services are provided "as is" and Americola,
its Subsidiaries and Affiliates, and its licensors give you no warranty with
respect to them.
In particular, Americola, its Subsidiaries
and Affiliates, and licensors do not represent or warrant to you that:
(A) your use of the Services will meet your
requirements,
(B) your use of the Services will be
uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a
result of your use of the Services will be accurate or reliable, and
(D) that defects in the operation or
functionality of any Software provided to you as part of the Services will
be corrected.
No conditions, warranties or other terms (including
any implied terms as to satisfactory quality, fitness for purpose or
conformance with description) apply to the Services except to the extent
that they are expressly set out in the Terms.
Nothing in the Terms shall affect those
statutory rights which you are always entitled to as a consumer and that you
cannot contractually agree to alter or waive.
Limitation of Liability
Nothing in this Agreement shall exclude or
limit Americola’s liability for losses which may not be lawfully excluded or
limited by applicable law.
Subject to the paragraph immediately above,
Americola, its Subsidiaries and Affiliates, and its licensors shall not be
liable to you for:
(A) any indirect or consequential losses
which may be incurred by you. This shall include any loss of profit (whether
incurred directly or indirectly), any loss of goodwill or business
reputation, or any loss of data suffered by you;
(B) any loss or damage which may be
incurred by you as a result of:
(i) any reliance placed by you on the
completeness, accuracy or existence of any advertising, or as a result
of any relationship or transaction between you and any advertiser or
sponsor whose advertising appears on the Services;
(ii) any changes which Americola may make
to the Services, or for any permanent or temporary cessation in the
provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or
failure to store, any Content and other communications data maintained
or transmitted by or through your use of the Services;
(iii) your failure to provide Americola
with accurate account information;
(iv) your failure to keep your password
or account details secure and confidential;
The limitations on Americola’s liability to
you in the paragraph immediately above shall apply whether or not Americola
has been advised of or should have been aware of the possibility of any such
losses arising.
Total aggregate liability
Your
Maximum aggregate remedy for any breach of Americola's obligations under
this Agreement will be the total amount you paid TO USE Americola's Services.
Copyright Infringement.
In notifying Americola of alleged copyright infringement, you must include the
following information: A description of the copyrighted work that is the subject of
claimed infringement A description of the infringing material and information sufficient
to permit Americola to locate the alleged material Contact information for you,
including your address, telephone number and/or email address A statement by you that you
have a good faith belief that the material in the manner complained of is not authorized
by the copyright owner, or its agent, or by the operation of any law A statement by you,
signed under penalty of perjury, that the information in the notification is accurate and
that you have the authority to enforce the copyrights that are claimed to be infringed A
physical or electronic signature of the copyright owner or a person authorized to act on
the owner's behalf
Failure to include all of the above-listed information may result in the delay of the
processing of your complaint.
Other rules may apply to the AmericolaWiki section of Americola.com. Find out more here.
Americola does not arbitrate or resolve trademark disputes among Americola
advertisers or between those advertisers and third parties. However, Americola will
promptly comply with an order of a court of competent jurisdiction concerning a trademark
issue. Americola occasionally receives requests to remove listings from within the
Services. Americola reserves the right to address such requests on a case-by-case
basis.
Third-pary ad serving and content / service providers
Objectionable Material
Americola encourages you to use discretion when browsing the Internet or using the
Services. The Services may contain information that you find objectionable, harmful,
deceptive or otherwise inappropriate, especially for children. To ensure you do not
receive offensive material, nevertheless, you must install your own filtering software if
you wish to limit the content available through the Services.
If you come across any site that you believe contains child pornography or other
potentially illegal material, please contact our
and we will contact the authorities as appropriate.
Privacy and Data Collection
Americola does not collect personally identifying information from users of the
Services unless users have explicitly given such information to Americola (for
example, when listing a site, joining our affiliate program, becoming an advertiser or
when sending us an email with a question or as part of a contest). Americola
information practices are further described in its privacy policy.
Americola
privacy policy is part of this Agreement, and you agree that use of data as described in
the privacy policy is not an actionable breach of your privacy or publicity rights. If you
have entered into another agreement with Americola (such as an Affiliate Agreement or
an Advertiser Agreement), then you may be subject to additional or different provisions
regarding privacy and data collection. If you would like more information, please read our
privacy policy.
You should consider any communication that you transmit to Americola (such as data,
questions or answers, comments, or suggestions) as non-confidential, and agree that Americola will not be liable or responsible if information that belongs to you is
intercepted and used by an unintended recipient.
Control over Features, Functions, and Access to the Services
Americola reserves the right to change any information, features and functions of the
Services without prior notice, including minimum bid amounts for Sponsored
Listings. Americola may deny you access to all or part of the
Services without prior notice if you engage in any conduct or activities that Americola determines, in its sole discretion, violate this Agreement, the rights of Americola or any third party, or is otherwise inappropriate.
You acknowledge and agree
that if Americola disables access to your account, you may be prevented from
accessing the Services, your account details or any files or other content
which is contained in your account.
Americola may also limit your access to some sections of the site with
gateway pages provided by, in particular but not limited to, sponsors,
affiliates and content providers in order to cover the costs of the Services
being provided.
Choice of Law, Jurisdiction, Waiver, and
Severability
This Agreement shall be governed by the laws of Switzerland and the
exclusive competent
jurisdiction shall be the ordinary courts of Fribourg, Switzerland.
Notwithstanding this, you agree that Americola shall still be allowed to
apply for injunctive remedies (or an equivalent type of urgent legal relief)
in any jurisdiction.
Americola's failure to exercise or enforce any
right or provision of the Agreement will not be deemed to be a waiver of
such right or provision.
If any court of law, having the jurisdiction to decide on this matter, rules
that any provision of these Terms is invalid, then that provision will be
removed from the Terms without affecting the rest of the Terms. The
remaining provisions of the Terms will continue to be valid and enforceable.
Amendment
Americola may amend this Agreement at any time by posting the amended terms on its Web
site. Except as stated below, all amended terms are automatically effective 15 days after
they are initially posted. This Agreement may not be otherwise amended except in a written
document signed by you and Americola.
Contacting Us
If you have any questions about our site, this agreement, or our general procedures,
please
contact us.
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