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Terms of use
Privacy Policy
Mooter believes in protecting user privacy. Please refer to our Privacy Policy for information about how Mooter uses and collects information on the Mooter Service.
Content in the Mooter Services
Mooter search results allow you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, reviews, and other related information provided by Mooter, its licensors, and its users (the "Content"). You understand and agree to the following:
(a) Map data, directions, and related Content are provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the map results. You are ultimately solely responsible for safe travels and you should always exercise judgment in your use of this Content.
(b) By using the Mooter Services, you do not receive any, and Mooter and/or its licensors and users retain all ownership rights in the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under these Terms of Service, unless you have been specifically permitted to do so by Mooter or by the owner of that Content in a separate agreement.
(c) Certain Content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned or licensed by such third parties. You may be held liable for any unauthorized copying or disclosure of this Content. Your use of this Content, including but not limited to printing or use in marketing or promotional materials, is subject to the restrictions in these Terms of Service.
Content Linked to by Mooter
Mooter makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party sites accessible by hyperlink from the Mooter Service, or sites linking to the Mooter Service. These linked sites are not under the control of Mooter and Mooter is not responsible for the content of any linked site or any link contained in a linked site, or any review, change or update to such sites. You acknowledge that such linked sites may contain adult-oriented, harmful, obscene, hateful, illegal or offensive content. Mooter is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Mooter of the site or any information contained therein. When leaving the Mooter site, Mooter' terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Personal Use Only
The Mooter Services are made available for your personal, non-commercial use only.
You are prohibited from making any use of the Mooter Service other than personal non-commercial use, including, without limitation: (a) any resale or commercial use of the Mooter Service or Content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Mooter Service or its Contents; or (d) use of any data mining, robots or other data gathering and extraction methods. You are not granted any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Mooter or any third party. You may not take the results from a Mooter search and reformat and display them, or mirror the Mooter home page or results pages on your Web site. You may not “scrape” or "meta-search" Mooter without an express written agreement with us. If you want to make commercial use of the Mooter Services, you must enter into a written agreement with us in advance. Please contact us for more information.
- In using the Mooter Service, you agree to observe the following requirements (unless you have otherwise obtained Mooter’ prior written consent):
- To comply with these Terms of Service, and all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Mooter Service.
- Not to disrupt or interfere with the security of, or otherwise abuse, the Mooter Service, or any services, system resources, accounts, servers or networks connected to or accessible through the Mooter Service or affiliated or linked Web sites;
- Not to disrupt or interfere with any other user's enjoyment of the Mooter Service or affiliated or linked Web sites; or
- Not to attempt to obtain unauthorized access to the Mooter Service or portions of the Mooter Service that are restricted from general access.
- Not to use framing techniques to enclose any Mooter web page, Content, trademark, logo or other proprietary information (including the images found at the Mooter Service, the Content of the Mooter Service, or the layout/design of any page or form contained on a page).
- Not to use any meta tags or any other "hidden text" from the Mooter Service.
Linking
You are welcome to create a hyperlink to the Mooter Service. Please do so in a manner that does not portray Mooter or any of its products and services in a false, misleading, derogatory or defamatory manner. If you would like to use a Mooter logo or other proprietary graphic or trademark of Mooter to link to the Mooter Service, please contact us and we will, in most cases, be happy to provide you with express written permission to do so. This permission may be revoked at any time at Mooter’ sole discretion.
Copyright Policies
All Mooter Service materials, including, without limitation, the Mooter logo, design, text, graphics, other files, and the selection and arrangement thereof are owned by Mooter and/or its licensors ALL RIGHTS RESERVED. Except as stated herein, none of the material on the Mooter Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Mooter or the respective copyright owner. Permission is granted to display and use the materials on the Mooter Service for personal, non-commercial and informational use only.
Mooter has a copyright policy for resolving allegations that any content displayed on Mooter infringes copyrights of third parties. Please see our Copyright Policy for more information.
Trademarks
"Mooter" and the related product and service names contained in the Mooter Service are trademarks of Mooter and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mooter. All other trademarks, product names and company names or logos mentioned or contained on the Mooter Service are the property of their respective owners.
Disclaimer of Warranties
Mooter disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Mooter Services results. Mooter disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Mooter disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Mooter Services.
THE MOOTER SERVICES, AND ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE MOOTER SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MOOTER 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. MOOTER AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MOOTER SERVICES. MOOTER AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED ON OR THROUGH THE MOOTER SERVICES OR FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOOTER SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MOOTER SERVICES 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. SOME 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 JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MOOTER OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE MOOTER SERVICES. 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 OTHERWISE, (EVEN IF MOOTER OR ITS 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 MOOTER SERVICES, FROM INABILITY TO USE THE MOOTER SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MOOTER SERVICES (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 MOOTER SERVICES OR ANY CONTENT, INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MOOTER SERVICES. 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 MOOTER SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MOOTER SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME 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 Mooter or its 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 (e.g., loss of or fluctuations server room power or ventilation), 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.
Indemnification
You agree to indemnify and hold harmless Mooter from any claim, action, demand, loss, cost, expense or damages (including attorneys' fees) made against or incurred by Mooter or its affiliates, officers, directors, agents, licensors and business partners arising out of or relating to: (i) your use of and access to the Mooter Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions or any other act caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms of Service and your use of the Mooter Services.
Applicable Law
These Terms of Service shall be governed by the laws of New South Wales, Commonwealth of Australia, without respect to its conflict of laws principles. Any claim or dispute between you and Mooter that arises in whole or in part from your use of the Mooter Services shall be decided exclusively by a court of competent jurisdiction located in New South Wales. YOU AND MOOTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MOOTER SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Changes in Terms and Conditions and Mooter Services
We may modify or terminate any and all aspects of our Services from time to time, for any reason, and without notice or liability to you or any third party. We reserve the right to modify these Terms of Service from time to time by posting the revised terms on this web page without further notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Your use of the Mooter Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
Mooter reserves the right, without notice and in its sole discretion, to terminate your permission to use the Mooter Services, for any or no reason, and to block or prevent your future access to and use of the Mooter Services.
Miscellaneous
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy, we've developed this Privacy Policy. This Privacy Policy covers the collection and use of personal information, such as your name, address, email, credit card information, and billing information (“Personal Information”), that may be collected by Mooter anytime you interact with us, such as when you search for information on any of our websites, purchase our advertising services, join our publisher network, or call our customer service associates (collectively, Mooter’ “Services”). This Privacy Policy describes our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your Personal Information. It also describes the choices available to you regarding Mooter’s use of your Personal Information and the steps you can take to access this information and to request that we correct or delete it.
Your continued participation on the Mooter Services indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. This Privacy Policy will remain in full force and effect (with such changes as we may make to this Privacy Policy) as long as you are a user of the Mooter Services, even if your use of or participation in any particular Service expires, ceases, or is suspended or deactivated for any reason.
Mooter Privacy Department
If you have questions or concerns about this Privacy Policy, or would like to update or delete your Personal Information, please contact us. If you email us, please be sure to write “PRIVACY INQUIRY” in the subject line of your email; otherwise, our spam filters will filter your email. Mooter will respond to legitimate inquiries within 30 days.
legal@mootermedia.com
Why We Collect Personal Information
We collect Personal Information to help us deliver a superior level of service. It enables us to give you convenient access to our search services, advertising services and publisher services, and helps us keep you updated on special offers, news, and the latest information on Mooter products and services that you might like to hear about.
Information We Collect & How We Use It
There are a number of situations in which your Personal Information may help us give you better service.
Information Automatically Collected by our Website
Like many websites, we collect and analyze certain user behavior on our website and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, referring/exit pages, the date & time, and search queries. We also collect information regarding user activities on our website. We use this information to analyze website traffic, improve the performance of our search Services, improve our geo-targeted advertising services, administer the website and prevent fraud. This helps us to determine how best to provide useful information to users and to understand which parts of our website and Services are of most interest to them.
Cookies and Web Beacons
We track user behavior and use of our Services through the use of cookies and web beacons. A “cookie” is a small text file that a website can place on your computer's hard drive in order, for example, to collect information about your activities on the website or to make it easier to use certain website functions. The cookie transmits this information back to the website's computer. Many users do not know that “cookies” are being placed on their computers when they visit a website. If you want to know when this happens, or prevent it from happening, you can set your browser to warn you when a website attempts to place a "cookie" on your computer.
We use cookies to improve the quality of our Service by storing user preferences and tracking user trends, such as how people search and which advertisements they click on. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your computer for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.
We use cookies on our website to provide our Service, including without limitation, in the following ways:
When you initially REGISTER AS A CUSTOMER OR DISTRIBUTION PARTNER OF Mooter , we use a cookie to remember your user preferences. If you have checked the “Remember me” checkbox and you have identified yourself, the cookie allows you to skip having to identify yourself again. Please do not check the “Remember me” box if you are using a shared computer.
We use cookies to track when a search user clicks on a sponsored listing, and in some cases we use cookies and web beacons to determine whether the click resulted in an actual purchase of products or services from the advertiser’s site. This information is used to determine the effectiveness of our advertising Services.
We also use cookies to analyze how visitors, in the aggregate, use our website, in order to make our website as useful as possible for them. We do not use cookies to collect or store personally identifiable information.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our Services may not function properly if your cookies are disabled.
We also use web beacons (a small transparent image, iframe, script, object or other transparent tag embedded in a web page) on some of our web pages and advertising Services. Whenever the user opens the page with a browser, the web beacon or tag is requested from the server storing it, allowing the server to take notice of the download. As a result, our servers (or our website analytics company’s servers) are informed of when the web page has been viewed.
Customer Information
If you register to become an advertising customer or distribution partner of Mooter, we will use the personally identifying information you provide (your company name, billing information and contact information) to contact you about your account when necessary. We use this information only for billing purposes, to fill your orders, and to deliver the services you have requested. If we have trouble processing an order, we will use this information to contact you.
In some of our email messages, web pages and search results we use a “click-through URL” linked to content on the Mooter website. When a recipient clicks one of these URLs, they pass through a web server before arriving at the destination webpage. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.
Contact Us
If you provide Personal Information to us by sending us email, letters or faxes or by calling us, we will use that information to respond to your question or request for information. We may ask for your Personal Information when you're discussing a service issue on the phone with a customer services associate, registering to become a customer, participating in an online survey, or purchasing our products and services. At such times, we may collect Personal Information relevant to the situation, such as your name, email address, phone number, and contact preferences; your credit card information; and information relating to a support or service issue.
Surveys
We may provide you the opportunity to participate in contests or surveys. If you participate, we may request certain Personal Information from you. Participation in these contests or surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and email address), and demographic information (such as zip code). We use the survey data to improve our Services, and may publicize the results as a public service. The publicized results will not include any personally identifiable information without your consent.
We may use a third party service provider to conduct these contests or surveys. While this third party will have access to your Personal Information, it will be subject to confidentiality and only as necessary to conduct the services we have requested from them. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
When We Share Your Personal Information
We do not sell or barter your contact or Personal Information to anyone.
There are times when Mooter makes certain Personal Information about you available to companies that Mooter has a strategic relationship with or that perform work for Mooter to provide services to you on our behalf. These companies may help us perform various business functions, including without limitation, improving the targeting of our advertisements across our network, fulfilling customer orders, processing payments, managing and enhancing customer data, providing customer service, assessing your interest in our Services, or conducting surveys. These companies are also obligated to protect your Personal Information in accordance with applicable law. Without such information being made available, it would be difficult for you to use our Services, receive customer service, provide us feedback to improve our Services, or access certain of our Services; and it would be difficult for us to continue improving our search and advertising Services.
We will also share your Personal Information if we have a good faith belief that we are required to do so by law, that doing so is necessary to cooperate with law enforcement agencies, comply with warrants or subpoenas served on Mooter, enforce the Terms & Conditions, detect fraud, or otherwise protect the rights of Mooter, its employees and users of the Services.
How We Protect & Secure Your Personal Information
We take administrative, electronic, technical, and physical precautions to safeguard and secure your Personal Information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.
The Mooter Site uses Secure Sockets Layer (SSL) encryption on all webpages where Personal Information is required, including but not limited to, our publisher and advertiser account pages. We also follow industry standards to provide security for your sensitive information once we receive it.
You can help protect your Personal Information by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, don't disclose your account information or password to anyone else, and make sure you use a secure web browser.
Please be aware, however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. You should always use caution when submitting Personal Information online.
Access To Your Personal Information
We will provide you reasonable access and the ability to correct the Personal Information you have provided. You can help us ensure that your contact information and preferences are accurate, complete, and up to date by checking your online account. If your personally identifiable information changes, or if you no longer desire our Service, you may correct, update, delete or deactivate it by making the change on your online account or by contacting us.
You can also request a copy of your Personal Information and your account history by contacting us. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Links To Other Websites
Our website includes links to thousands of other websites whose privacy practices may differ from those of Mooter. For example, our “People Search” and “Local Search” Services contain links to online services and provides contact information for individuals and businesses. Mooter does not control the websites of third parties that are linked from our Services, and is not responsible for information included in those services. If you submit Personal Information to any of those websites, your information is subject to their privacy statements. Mooter’s privacy statement applies only to its own Services, and does not apply to any other website. We encourage you to carefully read the privacy statement of any website you visit. Mooter is not responsible for the privacy practices or the content of other websites.
Changes To This Privacy Policy
If we change this Privacy Policy in ways that affect the personally identifying information we have collected through our website, we will post the updated Privacy Policy on this webpage to advise you of choices you may have as a result of those changes. Any changes made to this Privacy Policy will go into effect immediately, so please check back periodically to remain informed as to changes in the Privacy Policy.
Privacy Statement Compliance
If you feel that we have not complied with this privacy statement, please contact us using the information supplied above.
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