Terms and Conditions of Use
1. Your Acceptance
1.2 Although we may, but need not, attempt to notify you when major changes are made to these Terms, and you should periodically review the most up-to-date version. 30dB may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
1.3 These Terms apply to all users of the Service, including users who embed and or view the Service and to those who may embed and or view the Service from a Service embedded elsewhere on the Internet. The Service includes all aspects of 30dB, including but not limited to all services, information and content offered by 30dB such as the 30dB Results Widget and other applications.
2. The Service
3. 30dB Accounts
3.1 In order to access some features of the Service, you may need to create a 30dB account. You may never use another’s account without 30dB’s permission. When creating your account, you must provide accurate and complete information.
3.2 You are solely responsible for the activity that occurs on your account, and you must keep your account name and password secure. You must notify 30dB immediately of any breach of security or unauthorized use of your account. Although 30dB will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of 30dB or others due to such unauthorized use.
4. Embedding Results Widgets
By following the instructions displayed on the 30dB website and or in any Results Widget and embedding the Results Widget code, you are granted the limited permission to embed 30dB Results Widgets into your website or blog solely for your own non-commercial purposes solely in connection with your website or blog. You agree not to obscure any 30dB branding or trademarks included in a Results Widget. Your use of the Results Widget is subject to all restrictions that apply to use of the Services generally, including those restrictions set forth in Section 5 below.
5. General Use of the Service — Permissions and Restrictions
30dB hereby grants you permission to access and use the Service as set forth in these Terms provided that:
5.1 You agree not to distribute in any medium any part of the Service except as expressly provided for in these Terms or without 30dB’s prior written authorization.
5.2 You agree not to alter or modify any part of the Service, including but not limited to any 30dB Results Widgets or any of its related information or technologies. You may however adjust or create new queries as provided for in the 30dB Results Widgets.
5.3 You agree not to access 30dB results, data or information through any technology or means other than the Service in accordance with these Terms, or other explicitly authorized means which 30dB may designate in writing.
5.4 You agree not to use the Service for any commercial use, without the prior written authorization of 30dB.
5.4.1 Prohibited commercial uses include but are not limited to any of the following actions taken without 30dB’s express written approval:
18.104.22.168 sale of access to the Service or its related services on another website or other publication;
22.214.171.124 use of the Service or any related services for the primary purpose of gaining advertising, subscription or other forms of revenue;
126.96.36.199 the sale of advertising, on the Service or any third-party website, targeted to the Service;
188.8.131.52 the use of the Service or results of the Service as advertising or in any advertisement;
184.108.40.206 using a robot or other automated means of entering queries into or accessing the Service; and,
220.127.116.11 any use of the Service or its related services that 30dB finds, in its sole discretion, to use 30dB’s resources with the effect of competing with or displacing the market for 30dB or 30dB content.
5.4.2 Prohibited commercial uses do not include:
18.104.22.168 using, sharing or embedding the 30dB Results Widget on an ad-enabled blog, social network or website, provided the primary purpose of using the 30dB Results Widget is not to gain advertising revenue or compete with 30dB (by way of example, embedding a Results Widget into websites or blogs primarily focused on providing editorial information and opinion which serves ads is permitted, however, creating a website primarily devoted to serving embedded Results Widgets to serve ads is not permitted);
22.214.171.124 using, copying or replicating a static image of the 30dB Results Widget in a tangible newspaper, magazine or other similar offline publication provided (a) such use complies with all other restrictions on the commercial use of such information contained herein for an embedded 30dB Results Widget, (b) no adjustment or modification is made to either the Content or Marks (as defined below), and (c) the using, copying or replicating such static image includes in clear and readily visible text “source: 30dB” under such static image; or,
126.96.36.199 any use that 30dB expressly authorizes in writing.
5.5 If you use, share or embed the 30dB Results Widget, unless you have disabled this feature as provided for in the 30dB.com website you must include all links back to the 30dB website contained in the 30dB Results Widget on the pages containing the 30dB Results Widget and you may not modify, build upon, or block any portion of the 30dB Results Widget in any way.
5.6 If you use, share or embed any 30dB Results Widgets, you agree that it may automatically download and install updates from time to time from 30dB. These updates are designed to update the information contained in 30dB Results Widgets and further enhance the results. You agree to receive such updates (and permit 30dB to deliver these to you) as part of your use of the 30dB Results Widget.
5.7 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Service. Notwithstanding the foregoing, 30dB grants the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indexes of the materials, but not caches or archives of such materials. 30dB reserves the right to revoke these exceptions either generally or in specific cases.
5.8 You agree not to collect or harvest any personally identifiable information, including without limitation account names, from the Service, nor to use any communication systems provided by the Service (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service.
5.9 In your use of the Service, you will otherwise comply with the terms and conditions of these Terms, and all applicable local, national, and international laws and regulations.
30dB reserves the right to change, modify and or discontinue any aspect of the Service at any time.
6. Your Use of Content on the Service
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Service.
6.1 The content on the Service, including without limitation, the text, analysis, images, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are either owned by, licensed to or used by 30dB, subject to copyright and other intellectual property rights under the law. Content on the Service is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of 30dB and or the respective owners, as applicable or as expressly provided for herein in these Terms.
6.2 You may access the Service only as permitted under this Agreement. 30dB reserves all rights not expressly granted in and to the Service.
6.3 You agree to not engage in the use, copying, or distribution of any of the Content and Marks, or other data or information associated with the Service other than expressly permitted herein, including any use, copying, or distribution of information obtained through the Service for any commercial purposes.
6.4 You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
6.5 You understand that when using the Service, you will be exposed to information from a variety of sources, and that 30dB is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such information. You further understand and acknowledge that you may be exposed to information that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 30dB with respect thereto. 30dB assumes no responsibility for your use of or access to any third party Content, and your reproduction, performance, public display, or distribution of such Content may be subject to additional terms and conditions established by these third parties. You agree to indemnify and hold 30dB, its officer, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service and any Content or Marks.
7. Termination Policy
7.1 30dB shall, at its sole discretion and option, be permitted to terminate a user’s access to the Service if that user is determined by 30dB in it’s sole discretion to violate these Terms.
7.2 30dB reserves the right to decide whether Content or information is appropriate and complies with these Terms and may remove such Content or information and/or terminate a user’s access to the Service violating these Terms at any time, without prior notice and at its sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. 30DB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. 30DB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, ANY CONTENT OR THE CONTENT OF ANY RESULTS WIDGETS OR SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR ANY RESULTS WIDGET, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE OR BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, PUBLISHED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. 30DB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND 30DB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL 30DB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT 30DB SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by 30dB from its facilities in the United States of America. 30dB makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless 30dB, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) embedding a Results Widget into any website or service or your use of a Results Widget in connection with a website or service, or (v) any claim that your use of the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 30dB without restriction.