HoundSleuth is a search engine and data indexing service. HoundSleuth web sites (with various suffixes including .com, the "Site(s)") are owned and operated by the HoundSleuth Company ("HoundSleuth," "we," "us," and "our"). HoundSleuth Company provides the Sites and the content and services available through the Sites (collectively, the "Services") subject to these Terms of Service.
These Terms of Service ("Terms of Service") set forth the legally binding terms governing your use of the Services. By accessing one of the Sites or using the Services, you agree to be bound by these Terms of Service, whether you a "Visitor" (which means that you simply browse any of the Sites) or a "Member" (which means that you have signed up to be a member of HoundSleuth). The term "User" refers to a Visitor or a Member. Please read these Terms of Service carefully. If you do not agree to comply with these Terms of Service, you must leave this Site immediately and you may not use the Services.
In addition to our other rights and remedies, we reserve the right to suspend or terminate your access to the Services, without notice, if you violate these Terms of Service.
If you have questions about these Terms of Service:
Send an e-mail to firstname.lastname@example.org and write "Terms of Service" in the subject line.
We reserve the right to update or modify these Terms of Service, at any time and without prior notice, by posting the revised version on the Sites. These changes will be effective as of the date we post the revised version on the Sites. By accessing either Site or using the Services following any such change, you are agreeing to be bound by the revised Terms of Service.
We will alert you to changes in these Terms of Service by providing a notice at the top of this page for at least 30 days after the new effective date. It is therefore important for you to review our Terms of Service on a regular basis.
You may view or print the current version of these Terms of Service at any time by clicking on the link marked "Terms of Service" at the bottom of each page of the Sites.
These Terms of Service were last revised on January 15, 2011.
These Terms of Service may be supplemented or amended from time to time by instructions, rules and other notices "Notices" posted on certain pages of the Sites. Generally, these Notices contain special terms and conditions that govern certain aspects of the Services. All such Notices are part of and hereby incorporated into these Terms of Service.
Use of and membership in the Services is void where prohibited. The Services are intended only for Users who are thirteen (13) years of age or older. By using the Services or the Sites, you represent and warrant to us that you are 13 or older and that your use of the Sites or the Services does not violate any applicable law or regulation. Your account may be terminated without warning if we learn that you are under 13 years of age.
Only Members may access the password-protected areas of HoundSleuth and you may sign up on the Site. As part of the sign up process, you will be required to provide certain information. You warrant and represent that all of your registration information and all of the information you subsequently provide to us will be true, complete, and up-to-date. If any of your information changes, you agree to update it by editing your account information on HoundSleuth.
All authentication to the service is managed by third parties such as Google via industry standard means such as OAuth, OpenID, or the like. We do not store your password and we will never ask for it. Please contact your account provider if you feel your password has been compromised.
HoundSleuth is in no way responsible for costs incurred for indexing your data. You are solely responsible for any CPU or bandwidth costs involved in serving the index feed of your data.
HoundSleuth will, in general, only index your data on the schedule that you define. However, there could be rare situations were HoundSleuth must re-index your data in order to recover from a server fault. HoundSleuth is in no way responsible for costs incurred by these supplemental indexing events.
If you are a Member, you grant HoundSleuth access to your data at the indexing URLs that you provide.
By posting Your Content on or through the Services, you assert that your contact is owned or licensed for use by you.
HoundSleuth Company does not assert any ownership over Your Content; rather, as between us and you, subject to the rights granted to us in these Terms of Service, you retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content.
You are solely responsible for protecting your intellectual property rights in Your Content. HoundSleuth Company cannot and does not assume responsibility for controlling, monitoring, or enforcing your intellectual property rights.
HoundSleuth Company and its licensors own and reserve all rights, title and interests in the Sites, including all of the software and code that comprise and operate the Sites, and all of the text, photographs, images, illustrations, graphics, designs, sounds, video and audio-video clips, files and other content posted on, transmitted through or otherwise made available on or through the Services (the "Content"). The Sites and much of the Content (including all of our proprietary Content) are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of each Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of each Site.
Provided you are eligible to access and use the Services, we hereby grant you a limited license to access and use the Service and to download and print copies of any portion of the Content to which you have properly gained access, but only for your own personal, non-commercial use (unless the Content is Your Content), and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content (unless the Content is Your Content). The foregoing license is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause.
You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, exploit or use any part of the Content (except Your Content) except as expressly provided in these Terms of Service without our prior written permission. Any use of the Services, including the Content, other than as specifically authorized in these Terms of Service is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
Nothing in these Terms of Service shall be construed as transferring any right, title or interest in the Service or the Content to you or anyone else, except the limited license to use the Service and the Content on the terms expressly set forth herein.
The trademarks and service marks used or displayed on the Sites ("Trademarks") are registered and unregistered trademarks of HoundSleuth Company or third parties. You may not use any Trademarks displayed on the Sites without the prior express written permission of the HoundSleuth Company or the trademark owner.
The following additional rules apply to your use of the Services: You may not
You understand that HoundSleuth Company has the right (but not the obligation) to monitor Content posted for indexing by Users ("User Content") and the right (but not the obligation), in its sole discretion, to remove any User Content that violates these Terms of Service or for any other reason.
HoundSleuth Company does not knowingly violate or permit others to violate the copyrights of others. It is your responsibility to make sure that you do not post Content that violates the copyrights of others. We reserve the right to deny you access to the Services if you post or transmit infringing Content on or through the Services. Please notify our Copyright Agent immediately if you have reason to believe any part of the Content of the Services infringes the copyrights of others. Before doing so, you may want to review the U.S. Copyright Office’s Circular on the copyrightability of recipes available at http://www.copyright.gov/fls/fl122.html.
Notice of Claim of Copyright Infringement. If you are the copyright owner or are authorized to act on behalf of the copyright owner, please notify our Copyright Agent immediately of any claim of copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
Your notice must be signed (physically or electronically) and must be addressed as follows:
You agree to defend, indemnify and hold HoundSleuth Company and its directors, officers, employees and agents harmless from and against any claims, demands, losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) to the extent arising out of or in connection with your use of the Services in violation of these Terms of Service or your breach of these Terms of Service or any warranty or representation set forth herein.
OUR SERVICES, INCLUDING THE SITES AND THEIR CONTENT, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOUNDSLEUTH DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SERVICES, INCLUDING THE SITES AND THEIR CONTENT AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOUNDSLEUTH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR SERVICES; (D) THAT THE CONTENT IS ACCURATE, COMPLETE OR CURRENT; (E) THAT OUR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; (F) THAT NO DATA WILL BE LOST OR CORRUPTED; (G) THAT NO VIRUSES OR OTHER HARMFUL CODE WILL BE TRANSMITTED ON THE SERVICES; AND (F) THAT NONE OF YOUR RECIPES WILL BE LOST, DAMAGED, OR DESTROYED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
HOUNDSLEUTH IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY MEMBER CONTENT. ALTHOUGH WE PROVIDE RULES FOR INDEXING MEMBER DATA, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR SERVICES AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON THE SITES OR IN CONNECTION WITH YOUR USE OF OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES.
WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT YOUR DATA AGAINST LOSS, DAMAGE OR DESTRUCTION, BUT WE WILL NOT BE LIABLE TO YOU IF ANY OF YOUR DATA IS LOST, DAMAGED OR DESTROYED. IT IS YOUR RESPONSIBILITY TO MAKE AND KEEP BACK-UP COPIES OF YOUR DATA BEFORE SENDING THEM TO US. IF YOUR RECIPES ARE LOST, DAMAGED OR DESTROYED, OR IF THERE ARE ERRORS IN OUR TRANSCRIPTION SERVICES, YOUR EXCLUSIVE REMEDY AND OUR SOLE OBLIGATION AND LIABILITY TO YOU AND ANY THIRD PARTY SHALL BE TO RE-PERFORM THE TRANSCRIPTION SERVICES.
UNDER NO CIRCUMSTANCES, SHALL HOUNDSLEUTH, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING THIS SITE, ANY CONTENT POSTED ON OR TRANSMITTED THROUGH OUR SERVICES, OR ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH OUR SERVICES, INCLUDING OUR RECIPE TRANSCRIPTION SERVICES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HOUNDSLEUTH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HOUNDSLEUTH (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT, IF ANY, OF ANY FEES PAID BY YOU TO HOUNDSLEUTH IN CONNECTION WITH YOUR USE OF THE APPLICABLE SERVICE, OR IF YOU HAVE PAID NO FEES, $10.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
HoundSleuth Company reserves the right to discontinue or modify the Services at any time without prior notice.
HoundSleuth Company reserves the right to subcontract all or part of the Services.
The Services may provide links to Web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy, completeness or currency of the content of their Web sites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in the Services does not imply our endorsement of the site. If you decide to access linked third-party web sites, you do so at your own risk.
As used in these Terms of Service, the term "including" means "including, but not limited to."
Our failure at any time to require performance of any provision of these Terms of Service or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Service or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Service.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service shall remain in full force and effect.
HoundSleuth Company s headquarters are located in Austin, Texas. These Terms of Service shall be governed under the laws of the State of Texas without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Service shall be venued exclusively in state or federal court in Texas. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.
In the Dispute Resolution Section only, "we" and "us" are used to refer to you and HoundSleuth Company together.
(ii) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: HoundSleuth Company, ATTN: Legal Department, Austin. TX 78701. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
(iii) The FAA applies to this Agreement and arbitration provision. We each agree the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
(vi) We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.
(vii) The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.
(C) Either of us may bring qualifying claims in small claims court.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
These Terms of Service contain the entire understanding and agreement between you and us with respect to the Services and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to the Services.