Terms of Service

Welcome! By using or accessing any of the Vivisimo Inc. services, including, without limitation, the Vivisimo Inc. sites, such as clusty.com, cloud.clusty.com, and vivisimo.com (collectively, "Vivisimo Services"), you agree to be bound by the following terms and conditions ("Terms of Service").

Content Linked by Vivisimo

The sites displayed as search results or linked to by Vivisimo Services are developed by people over whom Vivisimo exercises no control. The search results that appear on Vivisimo’s sites are published and produced from third parties and not edited or screened by Vivisimo. A search using Vivisimo Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Vivisimo search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Vivisimo Services.

Personal Use Only

The Vivisimo Services are made available for your personal, non-commercial use only. You may not use the Vivisimo Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a Vivisimo search and reformat and display them, or mirror the Vivisimo home page or results pages on your Web site. You may not "meta-search" Vivisimo. You may not send automated queries of any sort to the Vivisimo Services. This prohibition includes, without limitation, a prohibition against: (i) using any software which sends queries to the Vivisimo Services or any Vivisimo sites to determine how a website or webpage "ranks" for various queries; (ii) meta-searching; and (iii) performing "offline" searches on any Vivisimo web site You may not use the Vivisimo Services in a manner or for a purpose that is prohibited by applicable law. If you want to make commercial use of the Vivisimo Services, you must enter into an agreement with Vivisimo to do so in advance. Please contact us for more information at licensing@vivisimo.com.

If you are interested in adding a Vivisimo search box to your web site or your company's web site, please follow this link: http://clusty.com/link2us.

Termination

You agree that Vivisimo may, under certain circumstances and without prior notice, immediately terminate your account and access to the Vivisimo Services. Cause for such termination shall include, but not be limited to,

  1. Breaches or violations of the Terms of Service or other incorporated agreements or guidelines,
  2. Requests by law enforcement or other government agencies,
  3. A request by you (self-initiated account deletions),
  4. Discontinuance or material modification to the Vivisimo Services or any part thereof,
  5. Unexpected technical or security issues or problems,
  6. Extended periods of inactivity,
  7. Engagement by you in fraudulent or illegal activities, and/or
  8. Nonpayment of any fees owed by you in connection with the Vivisimo Services.

Termination of your Vivisimo account includes (i) removal of access to all offerings within the Service, (ii) deletion of your password and all related information, files and content associated with or inside your account or any part thereof, and (iii) barring of further use of the Service. You agree that any termination for cause shall be made in Vivisimo's sole discretion and that Vivisimo shall not be liable to you or any third party for any termination of your account or access to the Vivisimo Services.

Changes in Terms and Conditions

We may modify or terminate our Vivisimo Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Disclaimer of Warranties

Vivisimo 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 Vivisimo Services results. Vivisimo disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Vivisimo disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Vivisimo Services.

  1. THE VIVISIMO SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE VIVISIMO SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. VIVISIMO 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.
  2. VIVISIMO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE VIVISIMO SERVICES. VIVISIMO AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE VIVISIMO SERVICES. VIVISIMO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE VIVISIMO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE VIVISIMO SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE VIVISIMO SERVICES.
  3. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE VIVISIMO 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.
  4. SOME STATES OR OTHER 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 STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL VIVISIMO OR ITS LICENSORS BE LIABLE TO ANY PARTY FOR ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. 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 VIVISIMO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

  1. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE VIVISIMO SERVICES, FROM INABILITY TO USE THE VIVISIMO SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE VIVISIMO SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
  2. THIS LIMITATION SHALL APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE VIVISIMO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE VIVISIMO SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE VIVISIMO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE VIVISIMO SERVICES.
  3. THIS LIMITATION SHALL 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 VIVISIMO SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE VIVISIMO SERVICES.
  4. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
  5. SOME STATES OR OTHER 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.

Request for Removal of Links or Cached Materials

Vivisimo occasionally receives requests from people to remove links from its indices. Because Vivisimo searches and clusters results from third party sources, you will need to contact the originating source (be it Ask, Gigablast or other) with such requests.

General

These Terms of Service will be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to its conflict of laws provisions or your actual state or country of residence. These Terms represent the entire understanding relating to the use of the Vivisimo Services and shall prevail over any prior or contemporaneous, conflicting or additional communications. If any provision of these Terms of Service is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining Terms of Service, which shall remain in full force and effect. No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Service. Please contact Vivisimo corporate headquarters with any questions regarding these Terms of Service.

Trademarks

Vivisimo and the Vivisimo logo and other Vivisimo product names, service names, slogans or logos referenced in these Terms of Service are trademarks or registered trademarks of Vivisimo, Inc. in the United States and other countries. All other company, product, or service names referenced or mentioned in Terms of Service are used for identification purposes only and are the property of their respective owners.