Terms & Conditions
Presearch.org Global Limited (“Presearch”) version one (“V1”) is a search tool that enables you to easily search other existing search engines.
By using Presearch, you agree to the terms and conditions (the “Terms”) outlined below, as well as any future revisions to the Terms, which will be posted in the changelog at the bottom of this document, and which we will notify registered Members of via email or site notification.
Use of Services
Presearch, its subsidiaries, and affiliated companies offer Presearch services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Presearch services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Presearch of any unauthorized use of your password or account or any other breach of security. Presearch cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Presearch reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Presearch services. You understand that by using Presearch services you may be exposed to Content that is offensive, indecent, or objectionable, and that you use Presearch services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit, or display while using Presearch services and for any consequences thereof. You agree to use Presearch services only for purposes that are legal, proper, and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Presearch services or servers or networks connected to Presearch services.
Fraud and Abuse
Presearch offers Members incentives to use the service, namely, Presearch Tokens (“PRE”) in exchange for searching, engaging with sponsored content, and choosing specific paid search resources. As such, these incentive mechanisms are potentially subject to attempted fraud and abuse, and therefore, to protect the project and its Members, fraud, and abuse of any sort will absolutely not be tolerated. In the event that Presearch detects fraud or abuse on your part, we reserve the right to terminate your account and cancel any rewards provided. Additionally, we may take steps to further prevent you from using the service, and we also reserve the right to prosecute you for fraudulent activity. Abuse is defined as intentionally attempting to earn additional rewards that you would not earn under regular use. For example, running automated programs or bots designed to earn rewards, doing searches more frequently than you would under normal circumstances in an attempt to earn rewards beyond those which would be typically be provided, or creating multiple accounts to bypass account limits and restrictions.
Presearch takes your privacy very seriously. We will implement the best privacy controls available as the project continues to take shape. In the meantime, please be aware that Presearch will do everything in its power to protect your information, subject to the following limitations.
At this time, the information we collect is as follows:
- Any information you provide through your profile.
- Your email address
- Your password (encrypted)
- Your last-used search engine
- Earned token information
- Time of last search
- Anonymized search strings and terms
By using Presearch services, you acknowledge and agree that Presearch may access, preserve, and disclose your account information, and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property, or safety of Presearch, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of Presearch services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services. You also understand and agree that your administrator may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.
Copyright and Trademarks
Presearch is building an open source platform that is controlled by the community, for the community. That said, Presearch services may contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Presearch services may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Data Storage and Use
You agree that Presearch has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Presearch services. You acknowledge that Presearch may have set no fixed upper limit on the number of transmissions you may send or receive through Presearch services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice. You recognize that third-party services that you access through Presearch may collect information beyond that which Presearch collects, and that any information you provide, directly or indirectly, to those parties is subject to the terms and conditions of those services, and which are outside the control or responsibility of Presearch.
Upon the termination of your use of Presearch services, including upon receipt of a certificate or other legal document confirming your death, Presearch will close your account, and you will no longer be able to retrieve content contained in that account.
Modifications to Service
Presearch reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Presearch services (or any part thereof) with or without notice. You agree that Presearch shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Presearch services.
Some Presearch services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Presearch services, queries made through Presearch services or other information. The manner, mode and extent of advertising by Presearch on its services are subject to change. As consideration for your use of Presearch services, you agree that Presearch may place such advertising and that Presearch shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Presearch services or your subsequent dealings with advertisers.
Presearch services may provide, or third parties may provide, links or redirects to other internet sites or resources. Presearch may have no control over such sites and resources and you acknowledge and agree that Presearch is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Presearch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Presearch, and its subsidiaries, affiliates, directors, advisors, officers, agents, employees, advertisers, licensors, suppliers, or partners, (collectively "Presearch and Partners") from and against any third party claim arising from or in any way related to your use of Presearch services, violation of the Terms or any other actions connected with use of Presearch services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney fees, of every kind and nature.
Disclaimer of Warranty
You expressly understand and agree that:
Your use of Presearch services is at your sole risk. Presearch services are provided on an "As is" and "As available" basis. To the maximum extent permitted by law, presearch and partners expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Presearch and partners do not warrant that (i) Presearch services will meet your requirements, (ii) Presearch services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Presearch services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Presearch services will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of Presearch 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 Presearch or through or from Presearch services shall create any warranty not expressly stated in the terms.
Limitation of Liability
You expressly understand and agree that presearch and partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Presearch or partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use Presearch services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Presearch services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on presearch services; or (v) any other matter relating to Presearch services.
Exclusions and Limitations
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations in the Limitation of Liability above are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You agree that Presearch may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Presearch services.
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Presearch and govern your use of Presearch services, superseding any prior agreements between you and Presearch for the use of Presearch services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Presearch services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and Presearch shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Presearch agree to submit to the personal and exclusive jurisdiction of the courts located within Simcoe County, Ontario.
Waiver and Severability of Terms. The failure of Presearch to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Presearch services or the Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.
You may discontinue your use of Presearch services at any time. You agree that Presearch may at any time and for any reason, including a period of account inactivity, terminate your access to Presearch services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Presearch services, your account or any files or other content contained in your account. This agreement shall survive expiration or termination.
Presearch.org Global Limited
270 King Street
Midland, Ontario, Canada
Version 1.0 - November 9th, 2017
Initial terms & conditions for beta release