1. Definitions

• 1.1 "Effective Date"
  Means the date which you commence using the Services.
  
  
• 1.2 "Services"
  Means the provision of services as selected by you during the search process when using 48ers.

2. Description of services
The Services provide a user the ability to search for a specific term on various 3rd-party social networking services (including but not limited to Twitter, Facebook and Google Buzz). You acknowledge and agree that 48ers may establish general practices and policies concerning use of the Services, including, without limitation, the maximum number of searches that a user may access the Services in a given period of time. 48ers reserves the right to change or discontinue any of the Services at any time.

3. Making a Contract with You
No sign-up is required to access the Services. Your use of the services will indicate to us your acceptance of these Terms of Service and incorporated Privacy Policy.

4. Responsibility for Data
While we try to ensure that the Services are error free, we cannot guarantee that User searches will not result in error. You acknowledge and agree that 48ers will not be responsible for any failure of the Services to send process or return User data or search results. You acknowledge and agree that 48ers will not be responsible for the corruption of or loss of any data, information or content related to your search.

5. Privacy Policy
48ers respects the privacy of others. These Terms of Service incorporate the terms of 48er's Privacy Policy.

6. Copyright Policy
48ers respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights, and expressly prohibited under 48ers Services. Participants of 48ers Services do so at their own risk. 48ers is not responsible for any 3rd party content returned from social networks via its search Serices. 48ers will not be liable for any damages claimed as a result of 48ers Services, information, or products. Each and every participant is solely responsible for all materials stored with 48ers, for accuracy of materials including warranties, and for acquiring all necessary authorizations for hyperlinks and marketing materials. 48ers makes no express or implied warranty regarding the accuracy, quality, or nature of information that may be obtained by users or participants from the internet through the use of 48ers Services. 48ers may, at its discretion, remove content and/or deny users future access to 48ers Services, who may be infringing the intellectual property rights of others or 48ers, or otherwise potentially expose 48ers to civil or criminal liability. If you are a copyright owner wishing to pursue any of these issues please email us at: abuse@48ers.com

7. Proprietary Rights
All right, title, and interest in and to the Services are and will remain the exclusive property of 48ers, except where that data belongs to 3rd party social network services. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You acknowledge that all materials provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services (collectively "Materials"), are provided either by 48ers or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by 48ers and/or its Third Party Providers.

8. Trademarks
48ers, the 48ers logo, and all other 48ers trademarks, service marks, product names, and trade names of 48ers appearing on the Services are owned by Zamzar Ltd. All other trademarks, service marks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Services without the owner's prior written consent.

9. General Prohibitions
As a condition to your use of the Services, you agree not to:

• Upload or transmit any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (viii) spreads messages of terror or depicts torture; (viv) harm minors in any way, this includes any form of child pornography; (x) promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons
• Access, tamper with, or use any non-public areas of the Services or 48ers computer systems or the technical delivery systems of 48ers providers;
• Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or
• Misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; ier resale of access to content hosted on 48ers servers.
• Impersonate or misrepresent your affiliation with any person or entity.

48ers will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. 48ers may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that 48ers has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

10. Links
The Services may make available links to third-party websites. You acknowledge and agree that 48ers is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by 48ers of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCORDINGLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, 48ERS EXPLICITLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, REGARDING SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT). 48ERS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT 48ERS WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES. IF WE PROVIDE ADVICE OR INFORMATION ON WAYS TO USE THE SERVICE OR WAYS IN WHICH YOUR USE OF THE SERVICES MAY BE IMPROVED, WE ARE NOT OFFERING ANY PROMISE OR GUARANTEE IN ADDITION TO THOSE EXPRESSLY STATED IN THESE TERMS OF SERVICE.

12. Severability
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect. Headings in the Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

13. Indemnity
You agree to defend, indemnify, and hold harmless 48ers, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service.

14. Limitation of Liability
Your use of 48ers is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms of service, or any other rules or policies, please contact us at info@48ers.com. If you use the service, you acknowledge that save for any liability we cannot exclude at law, your sole remedy is to discontinue use of the Services. Notwithstanding anything in these Terms of Service, we accept unlimited liability for death or personal injury caused by our negligence.

15. Notice
48ers may provide you with notices, including those regarding changes to the Services by postings on the Services.

16. Waiver
The failure of 48ers to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

17. Miscellaneous

• 17.1 Relationship
  Customer and 48ers are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 
• 17.2 Assignment
  Customer may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.

 
• 17.3 Force Majeure
  Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond 48ers control.

 
• 17.4 48ers Confidential Information
  You represent and warrant to 48ers that (a) you are not a competitor of 48ers, (b) you shall keep publicly unannounced information and materials pertaining to 48ers, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the 48ers Web site or use of the 48ers Services to compete with 48ers in its business.

18. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of England without regard to its conflict of law provisions. The English courts shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the those courts.

For the exclusive benefit of 48ers and to the extent possible in the applicable jurisdiction, 48ers shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.

19. Entire Agreement
These Terms of Service are the entire and exclusive agreement between 48ers and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between 48ers and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 48ers services, affiliate services or third-party content software or services. Please be aware that 48ers reserves the right to cancel any transmission they find in violation of any of the above policies.

If you have any questions about these Terms of Service, please contact 48ers at legal@48ers.com.

Complaints about violators of the Terms of Service Policy should be sent via e-mail to abuse@48ers.com. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.