Uzvy Search Engine: Terms of Use / End-User Software License Agreement

The Uzvy Search product including the website, web service(s), browser extension(s), mobile browser(s), and related documentation (the "Product") is made available to you under the terms of Uzvy's END-USER SOFTWARE LICENSE AGREEMENT (the "Agreement"). By clicking "Accept" and becoming a member of Uzvy or by using the Uzvy search engine whether as a registered user or unregistered user (the "Users"), you are consenting to be bound by the agreement. If you do not agree to all the terms and conditions of this agreement, do not click accept, do not visit Uzvy, and do not use Uzvy. During the use of the Product, you may be given the option of installing additional components for other software such as the Uzvy New Tab Page for web browsers, Uzvy mobile browsers, or to join or participate in services such as Uzvy's sweepstakes. The installation and or use of those components or services may be governed by additional license agreements. The latest Agreement under which your usage of the Product is bound will be available at www.finesage.com/tou.html and www.finesage.com/privacypolicy.html

Participation in Uzvy Sweeptakes. If you participate in Uzvy's sweepstakes, you agree to follow and be bound by the Official Rules (the "Official Rules") in addition to this agreement and our Privacy Policy. The latest Official Rules shall be available at www.finesage.com/rules.html

  1. LICENSE GRANT. Fine Sage, the parent of the Uzvy Search Engine, grants you a non-exclusive license to use the Product according to its CODE OF CONDUCT, Official Rules, and other guidelines.
  2. CODE OF CONDUCT. Any violation of the code of conduct or other terms contained in this document may result at Fine Sage's sole, final and irrevocable discretion: blocking access to the Uzvy search engine and or other Fine Sage services, ineligibility for sweepstakes prizes, termination of the offending account(s), termination of accounts related or in any way linked to the offending account(s), termination of any prizes won by the offending account(s), retraction or disgorgement of any prizes awarded to offending account(s) and or person(s), and or legal action against the person(s) operating offending account(s).

    By agreeing to these Terms, you're agreeing when using the Product not to:

    Reverse engineeer, copy, modify, create a derivative work of, reverse assemble or otherwise attempt to save data from the Product including all search results, search data, and other data provided by the Product;

    Engage in activity that is fraudulent, false or misleading or attempts in any way to increase your entries in contests or sweepstakes in the Product through fraudulent, misleading or insincere means (e.g., impersonating someone else, creating multiple accounts, creating fake identities, providing false or misleading information, making insincere search queries to gain entries, manipulating the Product to otherwise gain entries through insincere or fraudulent activity);

    Manipulate data or identifiers or circumvent or bypass any restrictions on eligibility for, access to, or availability of the Product including but not limited to multiple account, duplicate account, unique real identity, geographic, location, and age restrictions;

    Circumvent or bypass any rules or assist others to circumvent or bypass any rules regarding the Product's usage, requirements, sweepstakes, contests, and other services;

    Break any law, share any copyrighted content, share any inappropriate content or material (e.g. nudity, graphic violence, offensive images or language, private images, etc.), attack or share any malicious or manipulative software or code such as worm, virus or malware of any sort, engage in hate or violent speech;

    Modify the Product in any manner or form or use modified version(s) of the Product;

    Use any robots or bots to send any data or perform any action in the Product;

    Send any automated queries to the Product or use software which assists in sending any automated or semi-automated queries to the Product;

    Save, reproduce, print, cache, store or distribute content retrieved from the Product including search results, search data, usage data, user data and other users' personal data without the written permission of Fine Sage;

    Sell, assign, sublicense, or otherwise transfer any right in usage of the Product or the user's account in the Product to any other individual or entity;

    Access the product through any other interface other than that provided by Fine Sage, accessing the Product through location-masking tools such as a VPN or proxy, or modifying the Product with other software or browser extensions such as ad blocking tools;

    Impersonate the Company, the Product, any person associated with the Product, or any other person or entity or falsely state or misrepresent your affiliation or identify;

    Disrupt, attack or otherwise interfere with the Product's functionality, any servers or networks directly or indirectly powering or connected to the Product or the Uzvy service or site;
  3. MICROSOFT AND BING PARTNERSHIP. The Uzvy Search Engine is powered by the Bing Search service which is owned and operated by Microsoft. You agree that your search term(s) shall be relayed along with your IP address and possibly other data such as your HTTP header to Microsoft's Bing Service in order to retrieve search results to display to you. Bing and Microsoft may save your search term(s), IP address, and other identifying data. Their service and use of your personal data is governed by their policies which may be found in these webpages:
    www.microsoft.com/en-us/servicesagreement/
    privacy.microsoft.com/en-us/privacystatement
    docs.microsoft.com/en-us/legal/microsoft-apis/terms-of-use
  4. ACCOUNT CREATION AND PERSONAL DATA. Fine Sage and its Uzvy service will not sell any personal data nor share any personal data for any third-party's marketing or promotional purposes. To qualify for Uzvy sweepstakes prize(s) through the online entry method, you must create an account with Uzvy and be logged into your account in order to accrue sweepstakes entries. You may always enter Uzvy sweepstakes for free by mailing in an entry form according to the guidelines to the address in the Official Rules. You may always conduct searches in the Uzvy Search Engine without registration or creating an account. When you join the Uzvy service, you agree to make your personal data available to Fine Sage which may include your address, email address, phone number or other personal information. You agree that Fine Sage shall use such data to authenticate your account, authenticate your activity in its service as legitimate, to contact you to notify you in regard to changes in the product or service, and to contact you in the event you win a Sweepstakes prize. You authorize Fine Sage to share your data with third party services only to the extent required to provide the Uzvy service or the actual authentication e.g. to send a text to confirm your mobile phone number, we may need to share your phone number with an SMS service or to send an email to notify you of a change in the product we may need to provide your email address to an email list service.

    ACCOUNT DELETION. Please note that deleting your account may result in a permanent inability to re-activate the account and or to create a new account. Please further note that in order to prevent duplicate accounts or other abuse of our service, we may retain some minimal account information for a period after account deletion.
  5. BINDING ARBITRATION AND CLASS ACTION WAIVER. Except as otherwise noted in this document (see Exception below), by using the Product, you agree to submit to binding arbitration. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages.

    Class Action Waiver. Any proceedings to resolve any dispute will be conducted solely on an individual basis. No arbitration proceeding may be combined with another without the prior written consent of all parties to the applicable proceeding.

    NO RIGHT TO JURY TRIAL FOR ARBITRAL CLAIM. WHEN YOU AGREE TO JOIN THE PRODUCT OR USE THE PRODUCT AS A REGISTERED OR AN UNREGISTERED USER, YOU HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, YOU STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE PRODUCT, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.

    Exception. Notwithstanding the decision to resolve all Users' disputes through arbitration, this agreement does not preclude claims by Fine Sage to fully enforce its intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, DOS or other related attacks on our service, industrial espionage and/or any other illegal activity.
  6. TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect.
  7. PROPRIETARY RIGHTS. Subject to the foregoing, Fine Sage, the Uzvy Search Engine for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks, service marks or logos of the Uzvy Search Engine, Fine Sage, its Product and Services, or its licensors.
  8. USE AT YOUR OWN RISK. You accept that by using the Product, you may be exposed to content that is offensive, indecent or objectionable. There is no guarantee of the accuracy, completeness, or usefulness of any linked third party websites or resources in the Product. Your use of the Product is so solely at your own risk. Under no circumstances will Fine Sage be liable in any way for such content, including, but not limited to, for any errors, omissions, offensiveness, indecency or misrepresentations in any images, content, text, or linked third party website, or for any loss or damage of any kind incurred by you as a result of your use of, or reliance on, or any content, images, text, or linked third party website in the Product.
  9. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, FINE SAGE, LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE PRODUCT AND ITS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FINE SAGE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE PRODUCT AND ACCOMPANYING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, PRIVATE OR FREE FROM ERROR, ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINE SAGE, FINE SAGE SPOKESPERSONS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  10. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, FINE SAGE AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE "FINE SAGE AND ASSOCIATES") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. FINE SAGE AND ASSOCIATES' COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY YOU UNDER THIS LICENSE (IF ANY).
  11. EXPORT CONTROLS. This license for part or all of the Product including any associated installable software such as browser(s) or browser extension(s) may be subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of your country or foreign agency or authority relating to the Product and its use.
  12. U.S. GOVERNMENT END-USERS. Some part or all of the Product, some associated service(s) or product(s) such as associated installable software including browser(s) or browser extension(s) may be a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth herein.
  13. MISCELLANEOUS.
    1. This Agreement constitutes the entire agreement between Fine Sage and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Fine Sage.
    2. Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the United States, excluding its conflict of law provisions.
    3. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
    4. Severability. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
    5. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
    6. Except as required by law, the controlling language of this Agreement is English.
    7. You may not assign your rights under this Agreement to any other person or party; Fine Sage may assign its rights under this Agreement without condition.
    8. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.