Version 2d, Effective January 22, 2013
INFORMATION WE COLLECT FROM YOU
We collect different information from you depending upon how you use blekko as described below.
When you use blekko without supplying a login id (or after logging out of your blekko account), we may collect the following information fields from you: IP Address, your browser user agent string (a user agent string is the automatic information sent to us by your browser so we may properly format blekko.com for your device and browser type), date and time of your login, any third party websites that referred you to us and social media websites. When you search, we collect your search queries organized into sessions that last up to four hours. If you select any websites from your search results, we will collect click tracking data, which is used to compensate us when we drive traffic to other websites and to help us improve our search engine – we do not use this data for marketing purposes. We may also need to verify your birthdate to ensure that we are not collecting information in violation of the Children’s Online Privacy Protection Act; we will discard your birth date once we have verified your age. Finally, we may use third-party analytics packages to collect anonymized data about your usage of our website.
When you use blekko and you are logged in to your account, we collect all of the information listed above, as well as your e-mail address, blekko username, uploaded profile photo(s) and blekko password. Then, as a logged in user, you may create public and private slashtag filters – all public slashtag filters and any editing or following of these slashtag filters will be publicly viewable. If you designate a slashtag filter as public, it (and any edits to it) will be publicly associated with your blekko username. View for an example of how you may designate your slashtag filters as publicly viewable and, if a slashtag filter is designated as public, please see https://blekko.com/ws/+/view+/blekko/health?tagfeed=1 for an example of what information would be viewable to the general user community on blekko.com. On your blekko account, you may also interact using your social media account. On our site, you may import your Facebook profile picture, friends, likes and mobile location check-in information onto our website. In order for us to receive this information from Facebook, you must connect your Facebook account with blekko.com using Facebook’s “Facebook Connect” feature. By default, all Facebook information (other than your Facebook profile picture) is incorporated into your blekko account is designated as ‘private’; it is not viewable to others beyond our blekko support team (except, as described above, the blekko user community may search all status updates, designated as public, on Facebook). We also import your Facebook likes and public comments of your friends to make your searches more personalized to you. If you have not opted out of Facebook comment search, blekko will search Facebook for all public status updates or comments from your Facebook friends related to your search topic. We also offer an interface to assist you with Tweeting your favorite searches and slashtag filters via Twitter. You must supply to Twitter your Twitter account username and password in order to access this function. Your Tweets will be governed by your privacy settings on twitter.com and we encourage you to review your Twitter privacy settings.
HOW WE MINIMIZE DATA STORED ABOUT YOU
To enhance user privacy, within 48 hours of your visit to our website; we will erase from our visit logs your entire IP address and the browser user agent string. We also erase the association between your 4-hour search sessions and your blekko username. However, our vendors (for services such as advertising or analytics) may keep your IP Address, user agent string and isolated search strings from you for longer, but they are instructed to keep this data secure.
Your slashtag filters (public or private) are not automatically deleted within 48 hours. Instead, they are kept on our servers until you request deletion of the slashtag filter.
HOW WE USE YOUR INFORMATION
Search engines, by their very nature, must use information provided by you to deliver research results. Like other search engines, our website requires sharing a minimum amount of information to function as a search engine. But, we also permit you to crowdsource your searches (solicit input from others to enhance your web research in the form of public slashtag filters). The ‘social’ element to blekko requires us to use information in additional ways to provide the enhanced collaborative functionality. Below, we fully describe how we use information provided to us so that you can make the decision of whether or not to use our website and its enhanced functionalities.
Information Forwarded by Us to Improve Your Web Search Functionality: blekko may share information regarding your website search, which is not personally identifiable to you, in order to enhance your search results. For example, we may forward your search queries to one of our vendors to check for misspellings (i.e., “Grand Canyo” may generate a did-you-mean reply of “Grand Canyon”) or additional search terms that could provide more relevant search results. If you do not want your search queries shared in such a fashion, you can opt-out of this feature by selecting our ”No External DYM” privacy preference. We also might forward your search query to one of our vendors to acquire supplemental results. You can also opt-out of this feature by selecting our “No External DYM” privacy preference.
Information Forwarded by Us to Provide Keyword Search Advertising: blekko provides its search services and web-based tools on the web to you for free. We are able to sustain our free web-based content through advertising revenue. All of our advertising partners require that we send them your IP Address, user agent string as well as search keywords in order to deliver search keyword advertising to you. If you do not want us to forward your personal information for advertising purposes, you can opt-out of this sharing by selecting our “No Ads” preference, as described below. Further, blekko will forward your DoNotTrack browser settings, if you are using a browser that has DoNotTrack header functionality.
Information Used by Us for Crowdsourced / Social Searching Functionalities: if you designate your slashtag filters as public, blekko will make your slashtag filters available to its user community. Your username will be associated with each public slashtag filter that you create (and any edits that you may make to that slashtag filter). Please use caution when creating public slashtag filters regarding sensitive topics such as health matters or topics of a sexual nature. WE ASK THAT YOU DO NOT DESIGNATE AS PUBLIC ANY SLASHTAG FILTERS THAT COULD CAUSE YOU OR OTHERS HARM, EMBARRASSMENT OR FINANCIAL LOSSES IF SOMEONE ASSOCIATES THE SEARCH WITH YOU. WE ARE NOT RESPONSIBLE FOR ANY PUBLIC SLASHTAG FILTERS THAT YOU CREATE. Please refer to our example at https://blekko.com/ws/+/view+/blekko/health?tagfeed=1 of a public slashtag filter if you are uncertain as to what types of information could appear publicly.
Promotion of Public Content or Slashtag Filter "Embedding": If you provide public slashtag filters to blekko, we may distribute that content to a wider audience by sharing it (or portions of it) with third parties so that they can publish it on their websites and other media platforms. Additionally, individual blekko users may choose to embed your slashtag filter on their website and follow all edits to this slashtag filter. For example, camping enthusiast websites may choose to embed a public slashtag filter such as /national-parks, which was created by one of our users. For an example of an embedded website link see http://blog.blekko.com/ (right column). blekko may ask that third parties credit you as the source of these contributions, and will provide your user name and profile photo, if any, to them for such purpose
To Improve Our Website: Any of the information we collect, as described above, may be used for the following purposes: to improve our services and products; to develop new services; to ensure and improve the technical functionality of our website and network; to protect your rights, blekko’s rights and the rights of other blekko users; and to assist blekko in providing you with services.
YOUR PRIVACY CHOICES
blekko's website offers you, whether you are logged in or not, options to set preferences that enhance privacy:
- No Facebook:. This feature disables all of blekko’s integration with Facebook.
- No Ads: This feature disables display of all ads on blekko.com. Also, blekko will not send any information identifiable to you (such as, IP Address, user agent string and search keywords) to a third party for advertising or marketing purposes.
- Always Use HTTPS on blekko.com:. This feature helps make communications on blekko.com more secure and private, for example making it more difficult for other users to view your blekko.com activity on an unsecured wireless network.
- HTTPS Preferred™ setting: This feature helps make links to search results on blekko.com more secure. If you have this option selected, and if blekko has determined that the link you are visiting has an https equivalent, blekko will link to the https version of the website. This makes it more difficult for other users to view your network activity on an unsecured wireles network.
- No External DYM: If you turn on this feature, blekko will not send any of your search strings to our spelling vendor to discern if words were misspelled or if there are other relevant search terms. Even if this privacy feature is not enabled, blekko only sends search string information. As a result, by default, the only way for a search string to be identifiable to you would be if you submitted personal information in your search query (for example, if you searched for your first name and last name).
- Less Logging: blekko already logs less information about you than other search engines. This option logs even less, for example, it means that we will not collect anonymized search session data, or anonymized click-tracking data about your clicks on search results. This option can be enabled explicitly in your preferences, or we automatically enable it if we see that you have opted in to the Do Not Track (DNT:1) option in your web browser.
- SuperPrivacy™ setting: This setting activates all of the above settings.
Please be advised that all blekko preferences mentioned above operate via browser-based cookies. If you delete blekko cookies regarding your privacy choices, your web browser will not be able to put your privacy preferences into effect.
OTHER ITEMS OF WHICH YOU SHOULD BE AWARE
Children: The blekko website is intended for general audiences and is not directed to children younger than thirteen years of age. We do not knowingly collect personal information from children under the age of thirteen.
Affiliated links: blekko adds "affiliate codes" to outgoing clicks to certain websites, such as web retailers, and blekko receives a payment for doing so. This is not done if the SuperPrivacy™ setting, Less Logging, or Do Not Track are set. (Please note that blekko is not recommending or endorsing products mentioned in these affiliated links.)
In certain circumstances, blekko may release the information it collects for the following purposes:
- to respond to your requests for information (by us, our vendors or corporate affiliates)
- to process, bill and ship any of your purchases;
- to respond to court orders, subpoenas, or other legal process, or to help blekko in establishing or exercising its legal rights or defend itself against legal claims;
- to investigate, prevent or take action with regard to illegal activity, suspected fraud, potential threat to the physical safety of any individual, violations of the blekko Terms of Service or as otherwise required by law;
- to investigate or take action with respect to any circumstance that could expose blekko to liability; and
130 Shoreline Drive, Suite 200, Redwood City, CA 94065
Effective May 2010
Blekko Inc. - Terms of Service for Your Personal Use
PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE AGREEMENT (“AGREEMENT”) UNDER WHICH BLEKKO, INC. D/B/A BLEKKO (“BLEKKO”) PROVIDES YOU WITH VARIOUS SERVICES, CURRENTLY LOCATED AT BLEKKO.COM, AND ANY OTHER RELATED OR SUCCESSOR SITES (“SITE”). ALL SERVICES PROVIDED BY BLEKKO ON THE SITE ARE COLLECTIVELY REFERRED TO AS “SERVICES”. BY ACCESSING, BROWSING AND/OR USING OUR SITE AND/OR SERVICES, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS, BROWSE OR USE THE SITE OR ANY SERVICES WE PROVIDE.
You may not use the Services and may not accept these terms if (a) you are not of legal age in your jurisdiction to form a legally binding contract with blekko, or (b) you are not allowed to receive the Services under the laws of the United States, your country of residence, the country in which you are located or are otherwise legally barred.
Ownership and Protection of Intellectual Property Rights
The contents of our Site (“Content”) are intended for the personal, noncommercial use of our users. All right, title and interest to the content displayed on our Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of blekko, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by blekko, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Site.
Changes to This Agreement
Your use of our Site is also subject to the other policies, disclaimers and guidelines we post on such Site from time to time.
License Grant to Access Content on Our Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of blekko or the copyright holder identified in the relevant copyright notice.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of blekko’s content or under any third party’s content. Any rights not expressly granted herein are reserved.
Customer support is not offered for the Site or the Services.
Access to the Site and Services
You are solely responsible for obtaining Internet access to the Site and the equipment and software necessary to use and enjoy the Site and the Services, including payment of any Internet service provider fees and telecommunication charges.
Transactions/Transmissions/Storage/No Automated Querying
blekko does not have an established maximum number of transaction, transmissions, or level of storage used in connection with the Services. blekko reserves the right to set such limits, in its sole discretion, at any time.
You may not send automated queries of any sort to the Site without express advance written permission from blekko. Note that “sending automated queries” includes, among other things:
- using any software which sends queries to our sites to determine how a website or webpage “ranks” for various queries;
- “meta-searching”; and
- performing “offline” searches on the Site.
Links to, and Resources/Data from, Others
A central part of the Site and the Services includes links to other websites or resources and information (including gadgets, financial information) provided by others. Because blekko has no control over such sites and resources, you acknowledge and agree that blekko 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 blekko shall not be responsible or liable, directly or indirectly, for any damage or loss 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. Finally, you acknowledge that such external sites and third-party tools usually have their own terms and conditions, including privacy policies, over which blekko has no control and which will govern your rights and obligations with respect to the use of such.
Your Contact with Advertisers or Third-Party Vendors
Your dealings with advertisers and third-party vendors found on or through the Site and the Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. blekko does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that blekko will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which blekko has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws/Restrictions in Use
You agree to comply with all applicable laws regarding your use of our Site and the Services including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree that you will not: (a) use the Site or the Services in any manner that harms us or the parties with which we contract; (b) modify or reroute the Site or the Services, or attempt to do so; (c) overburden, harm, limit, or disable the Site or the Services, including associated networks, or otherwise impair anyone's use of the Site or the Services.
Passwords and Security
You should not provide your password(s) to anyone else and are responsible for maintaining the confidentiality of your password(s) used for the Services. Therefore, you agree that you are solely responsible for all usage and activities under your account.
Provision of User Content
blekko is different. Our Services are in a large part built upon our users' submissions, reviews, rankings, personal and public search builds, and other content and information provided by users ("User Content"). The more you use and build on the Site, the better the Services will be for you and everyone else. Except for the Content that we license to you, we do not claim ownership of your User Content. You understand that blekko needs to utilize User Content for the Services. By posting User Content to any part of the Site or granting blekko access to any profile picture(s) stored on social media, you automatically grant, and you represent and warrant that you have the right to grant, to blekko a perpetual, royalty-free, irrevocable, world-wide, non-exclusive license to display, reproduce, adapt, modify, translate, publish, publicly perform, distribute and otherwise use the User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof. If you provide User Content in public areas, or share User Content, you grant those members of the public or such persons a license that is the same as granted to blekko, solely in connection with the Site and the Services. You are solely responsible for the User Content you provide. You represent and warrant that: (a) you have the right to provide the User Content and grant the licenses above; (b) you are eighteen years of age or older and fully competent to agree to the above; and (c) your User Content does not violate your privacy rights, publicity rights, copyright rights, or the rights of any other person. If you do not agree to these terms for the provision of User Content, do not provide any content to our site.
Intellectual Property Violations
blekko takes intellectual property issues seriously and has a policy to response to notices of alleged infringement that comply with applicable international intellectual property law (including the U.S. Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Our policy is located here. Please note: all notices and transmissions under such policy that are not relevant will not receive any response.
Prohibited Content / Review of Content
You agree that you will not use the Services to post or otherwise provide any prohibited content, meaning any content that: (i) is inappropriate or offensive (such as inappropriate photographs); (ii) promotes racism, bigotry, hatred or physical harm of any kind; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming"; (v) is false, misleading or promotes, endorses or furthers illegal activities; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright, trademark, trade secret or other intellectual property law; (vii) is involved in the exploitation of minors, or solicits personal information from such persons; (viii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (ix) otherwise violates this Agreement or creates liability for us.
blekko has the right (but not the obligation) to preview, review, screen, flag, filter, edit, refuse or remove any or all User Content either by itself, through third parties, or its community of users.
You may find some content, including User Content, on the Site and viewed through the Services to be offensive or objectionable, and you use the Site and the Services at your sole risk with respect to such.
Modifications to the Services
blekko reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that blekko will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
Termination of Your Access to the Services
You agree that blekko, in its sole discretion, may terminate your access to any of the Services for any reason, including, without limitation, for lack of use or if blekko believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that blekko may bar any further access to such files or the Services. If you use the Site in violation of this Agreement, blekko may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that blekko shall not be liable to you or to any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
You may cease using the Services at any time. You do not need to inform blekko if you cease using the Services.
Information Disclaimer and Disclaimer of Warranties
BY USING THE SITE AND THE SERVICES YOU UNDERSTAND AND AGREE THAT:
- THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. BLEKKO AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE.
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLEKKO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- BLEKKO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT BLEKKO IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE; OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BLEKKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY LAW.
blekko is a registered trademark and the blekko logo are trademarks of blekko, Inc. All rights reserved. All other trademarks and logos on the Site are the property of their respective owners.
The images referenced, made accessible or made available to you on the Site or by means of the Services are protected by the copyright and trademark laws of the United States and other countries. Although you are permitted to locate and access the images through the Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not blekko. blekko cannot give you authorization to use the copyrighted images. blekko cannot guarantee that a search will not locate unintended or objectionable content and blekko accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the Services, or for your use of such content.
Financial Information (Stock Quotes, Currency Conversions, Exchange Rates and such)
Financial data provided may be delayed as specified by financial exchanges or our data providers. Financial data and information is provided for informational purposes only, and is not intended for trading purposes. blekko does not guarantee the accuracy, timeliness, reliability or completeness of any such data. Neither blekko nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You agree not to redistribute the data found herein.
blekko adds "affiliate codes" to outgoing clicks to certain websites, such as web retailers, and blekko receives a payment for doing so. blekko is not recommending or endorsing products mentioned in these affiliated links.
No Other Agreements Between Us / No Third-Party Beneficiaries
This Agreement is only between you and us, and it not for the benefit of any other person (except for permitted successors and assigns under this Agreement).
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and blekko are governed by the laws of the State of California without regard to its conflict of law provisions. You and blekko agree to irrevocably submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara County, California. Notwithstanding the foregoing, blekko may seek equitable and injunctive relief in any jurisdiction.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against blekko
You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by blekko to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of blekko by email at email@example.com or by mail at:
130 Shoreline Drive, Suite 2005
Redwood City, CA 94065
Effective May 2010
It is the policy of Blekko, Inc., d/b/a blekko (“blekko”) to respond to clear notices of alleged copyright and trademark infringement. Regardless of whether blekko would be found to be liable for such copyright or trademark infringement under United States law or the laws of the applicable country, we may respond to allegations of such infringement by removing or disabling access to content that is claimed to be infringing or by terminating particular subscribers’ ability to access the blekko website and services. In the event that we terminate access to the blekko website or remove search results in response to such a notice, we will make a good-faith effort to contact the site or content owners or administrators in order to permit them to make a counter-notification.
Please note that, in the event you materially misrepresent that a particular material or activity is infringing your copyright or trademark, you will be liable for all damages incurred (including costs and attorneys’ fees) as a result of such material misrepresentation. Accordingly, we suggest that you contact an attorney before notifying blekko of infringement if you are not certain whether particular content is infringing your copyright or trademark.
If you believe that your copyright or trademark is being infringed on the blekko website, please send us a written notice that must include the following information:
- An identification of the copyrighted or trademarked work that you believe has been infringed;
- An identification of the allegedly infringing content within the work listed in item #1 above, and sufficient information to permit blekko to identify it on the website. For a web search result, you must identify the search results obtained that link directly to a webpage that allegedly contains infringing material. In other words, you must provide us with (a) the search query you used and (b) the web address (URL) of each search result you allege contains infringing material;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law;
- A statement by you that you swear and attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf of an exclusive right that is allegedly infringed;
- Your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.
- An identification of the work that was removed or disabled, and the location (such as a URL) of the website on which it would have been found prior to its removal;
- A statement by you that you swear and attest, under penalty of perjury, that you have a good faith belief that the search result and/or content was removed or disabled as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
- A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States or (b) any judicial district in which blekko is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to blekko, or an agent of such person; and
- Your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.
While it is our policy to respond to clear notices of trademark and copyright infringement, if you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice. Such counter-notice must include the following information:
It is our policy to respond to all such notices we receive and to comply with the provisions of applicable law. blekko reserves the right, in its sole discretion, to remove any content that is alleged to infringe any copyright or trademark without prior notice and to terminate the account of any user who blekko has determined to be a repeat infringer.
Please send or fax all infringement notices and counter-notices to the following address:
Attention: Mike Markson – Copyright Agent
130 Shoreline Drive, Suite 2005
Redwood City, CA 94065
Note: This address is provided exclusively for notifying us that your copyrighted or trademarked material may have been infringed. Inquiries regarding any other topics, such as technical support requests, reports concerning email abuse, and reports of instances of piracy, will not receive a response through this process.