Terms and Conditions

Search Magnet Local®, and it’s parent company, Higher Images, Inc. (“Search Magnet Local®“) provides services to include online technology for building websites, widgets, tracking, submission of URLs to search engine and directories for listing in directory industry service that allows businesses to post their business listing once and have it posted to all major Online Yellow Pages, Search Engines, 411 Directories and other vertical industry directories with additional services of providing Web site optimization and online advertising services.

These terms and conditions apply to purchase of Services. You agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from purchase. If you do not comply and/or continue to comply with the Terms of Service, Higher Images Inc. may terminate your services and your right to access the service.
BY USING THIS WEBSITE AND ANY OF ITS ASSOCIATED SERVICES AND FEATURES, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF SERVICE (“TERMS”) AND Search Magnet Local® REVIEWS’S PRIVACY POLICY. PLEASE READ THEM CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU ARE A COMPETITOR OF Search Magnet Local® YOU DO NOT HAVE THE RIGHT TO USE THIS WEBSITE.

Search Magnet Local®, maintains the site as a service to our clients that have engaged us to gather ratings and users (“you”, “Clients” or “Users”, as applicable) who visit and use the Site following registration and subject to the payment of any applicable fees. These Terms apply to all services and features available on this website and its related sub-domains (the “Site”), (i) which are publicly accessible or (ii) to which you have access pursuant to your registration, including without limitation the Search Magnet Local® Reviews Widget / API (collectively, the “Services”).

1. ACCOUNT REGISTRATION

To register for Services and create an appropriate account, you must complete the registration process by providing Search Magnet Local®, with complete and accurate information as prompted by the registration process, including your e-mail address, and, if applicable, a password. If any Services for which you register are fee-based Services, you may also be required to provide Search Magnet Local®, with a valid credit card, organization, administration, and other billing information. You shall protect your username and password and are solely responsible for any and all use that occurs under your account. You agree to notify Search Magnet Local® immediately of any unauthorized use of your account or any other breach of security.

2. LICENSE TO CONTENT.

2.1 If you are a Client you hereby grant Search Magnet Local®, a non-exclusive right and license to use, copy, display, prepare derivative works of and distribute any Content provided by you for use in connection with the Services. The term “Content” means all information, text, images, data, links, software programs, Services or other material posted by you or a third party on the sections of the Site that are (i) publicly accessible or (ii) available to you pursuant to the Services for which you have registered, whether created by Search Magnet Local® or provided by a third party for display on the Site and whether viewed on-line or printed by you. The term “Third Party Content” means all Content that has been provided to the Site by someone other than you.
2.2 Subject to these Terms, Search Magnet Local® hereby grants to you a limited, non-transferable, non-exclusive, right and license to access and use the Third Party Content (as herein defined) of the Site and the Services for which you have registered.

2.3 You may view, copy, download, and print Third Party Content that is available to you on the Site, subject to the following conditions:

(a) The Third Party Content may be used solely for your internal informational and business purposes, unless otherwise expressly provided on the Site with respect to the Services for which you have registered. No part of the Site or its Third Party Content may be reproduced, transmitted or otherwise distributed in any form to any third party, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

(b) To the extent any Service permits you to display Third Party Content on your own website, such Third Party Content may only be displayed on a single website that represents a single entity or brand, unless otherwise expressly provided on the Site with respect to such Service.

(c) Copyright, trademark, and other proprietary notices on any Third Party Content copied by you may not be removed or obscured.

2.4 Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site, the Services or any Third Party Content displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on the Site.

2.5 ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED BY Search Magnet Local®.

3. INTELLECTUAL PROPERTY RIGHTS.

3.1 Unless otherwise noted, all Content contained on the Site is the property of Search Magnet Local® and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, patent law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

3.2 By submitting Content to the Site, you grant Search Magnet Local® a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we permanently delete the Content from our systems.

4. CONTENT SUBMITTED BY USERS.

4.1 If you choose to provide information to register for or participate in a Service, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you. Please refer to Search Magnet Local® Privacy Policy for information on our practices for handling personally identifiable information.

4.2 If you submit any Content to the Site, to the extent such Content constitutes a review of a third party website or third party product or service, you agree that you shall not post any substantially similar Content on any other commercial website that permits its users to post website, product or service reviews. Nothing in these Terms shall prohibit you from posting such Content on your personal website or blog for non-commercial purposes.

4.3 Search Magnet Local® is not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted through the Site. Search Magnet Local® does not prescreen material submitted to the Site. With respect to such Content posted on the Site, Search Magnet Local® acts as a passive conduit for such distribution and is not responsible for Content. Any opinions, advice, statements, services, offers or other information in Content provided by any Users or Clients are those of the respective author(s) and not of Search Magnet Local®. Search Magnet Local® neither endorses nor guarantees the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted by you to the Site is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity or of any applicable law. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to Search Magnet Local® and/or the Site.

4.4 Search Magnet Local® has the right, but not the obligation, to monitor Content submitted to the Site to determine compliance with these Terms and any other applicable rules that we may establish from time to time. Search Magnet Local® has the right, in our sole discretion, to edit or remove any Content submitted to or posted in any online discussion forum or chat room provided through the Site. Without limiting the foregoing, Search Magnet Local® has the right to remove any Content that Search Magnet Local®, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable. You are solely responsible for the Content that you post to the Site.

4.5 You hereby authorize Search Magnet Local® and/or Search Magnet Local® Reviews to publish your Content, and Content referencing you which has been submitted to Search Magnet Local® by others, to third party websites, such as Google and Yelp, using your and/or Search Magnet Local® Reviews’s Clients’ user accounts with such third party websites. You agree that Content you submit to Search Magnet Local®, and your authorization of Search Magnet Local® Reviews to publish such Content on third party websites via your user account with such websites, shall comply with the terms of service, content guidelines and policies, and any other obligations, requirements or restrictions imposed by such third party websites and that you are subject to all obligations, requirements and restrictions set forth therein and hereby agree to indemnify and hold harmless Search Magnet Local® and its officers, directors and employees, harmless from and against any and all losses, claims, damages, suits, expenses, costs and other liabilities that arise from the Content and the posting of the Content to a third party site on your behalf, including without limitation any and all claims that the Content or posting of the Content violates the terms of service, content guidelines and policies, and any other obligations, requirements or restrictions imposed by such third party websites or by Search Magnet Local® herein. You acknowledge that Search Magnet Local® Reviews will not be able to remove the Content once it has been posted to a third party website. If the merchant with respect to which the Content was posted disputes the Content, you will be contacted and the dispute will be resolved using Search Magnet Local® Reviews’s standard dispute resolution process. In addition, if you are a merchant and have provided Search Magnet Local® Reviews with access to your user account for a third party website, you authorize Search Magnet Local® Reviews to monitor your user account with such third party websites to enable Search Magnet Local® Reviews to provide you with reporting, metrics and related information with respect to the postings made via your user account. You acknowledge that Search Magnet Local® has no responsibility for such third party websites, or the acts or omissions of the owners of such websites, and shall have no responsibility for the availability of such third party websites or the inclusion or removal of any Content posted thereon. Further, Search Magnet Local® Reviews does not endorse any such third party websites or the information, advertising or content made available thereon. You acknowledge that Search Magnet Local® Reviews shall not be liable for any loss, damage, claims, suits or other liabilities you may incur as a result of Search Magnet Local® making available the option for you to post your Content through Search Magnet Local® on such third party websites or otherwise.

5. RESTRICTIONS ON USE

5.1 By accessing our website or a service provided through our website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to, use our website or any related service to:

(a) Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Search Magnet Local® in its sole discretion.

(b) Post defamatory statements.

(c) Post hateful or racially or ethnically objectionable Content.

(d) Post Content which infringes another’s copyright, trademark or other intellectual property right, or misappropriates at trade secret.

(e) Post unsolicited advertising or solicitations or unlawfully promote products or services.

(f) Harass, threaten or intentionally embarrass or cause distress to another person or entity.

(g) Impersonate another person.

(h) Promote, solicit, or participate in any multi-level marketing or pyramid schemes.

(i) Exploit children under 18 years of age.

(j) Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.

(k) Introduce viruses, worms, Trojan horses and/or harmful code to or otherwise attempt to disrupt or interfere with the Site.

(l) Decompile, reverse engineer or obtain unauthorized access to any software or computer system through the Site.

(m) Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).

(n) Solicit personal information from children under 13 years of age.

(o) Violate any federal, state, local, or international law or regulation.

(p) Encourage conduct that would constitute a criminal or civil offense or violation of these Terms.

5.2 The foregoing list is only representative of the conduct not permitted under these Terms and is not exhaustive. Search Magnet Local® does not screen the behavior of Clients or Users and is not liable for their actions or violations of these Terms. If you suspect a Client or User is in violation of these Terms, please contact Search Magnet Local®

5.3 The use of this Search Magnet Local® is subject to the following terms of use:

a) The content of the pages of this website is for your general information and use only. It is subject to change without notice.

b) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

c) Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

d) This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

e) All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

f) Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.

g) From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

h) You may not create a link to this website from another website or document without Search Magnet Local®’s prior written consent.

i) Your use of this website and any dispute arising out of such use of the website is subject to the laws of Pennsylvania.

6. Search Magnet Local® No Guaranteed Placements

Subscribers to Search Magnet Local® service understand that we make no guarantees about placements or positioning with the third party directories or publishers to whom we provide the data. We make every effort to ensure these directories use the data in accordance with our policies and that they publish any changes that are made by the users. However, we cannot guarantee this nor any timeframe associated with posting or corrections or deletions. We are happy to respond to questions or concerns about this via mail or email.

7. Search Magnet Local®– No Refunds

There are no refunds for fees paid for the Search Magnet Local® websites or Directory Posting service. Subscribers will be able to make any required changes through their login account, including request to take the account offline. If there is any difficulty or questions about this, you may write or email us. You will receive notices from Search Magnet Local® to the email listed on your account.

8. Search Magnet Local® No Guaranteed Placements

Subscribers to Search Magnet Local® service understand that we make no guarantees about placements or positioning with the third party directories or publishers to whom we provide the data. We make every effort to ensure these directories use the data in accordance with our policies and that they publish any changes that are made by the users. However, we cannot guarantee this nor any timeframe associated with posting or corrections or deletions. We are happy to respond to questions or concerns about this via mail or email.

9. Search Magnet Local® Termination

Either party hereto may terminate this Agreement for any reason, with or without cause, upon written notice of termination given to the other party at least thirty (30) days prior to the end of the then prevailing term of this Agreement. Since our services are billed monthly and to coordinate necessary transfers, upon termination the terminating party will be billed for the thirty (30) day period following termination. In the event of termination, you are no longer authorized to access any software or server of Search Magnet Local® / Higher Images Inc, Inc. and the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

10. Search Magnet Local® Additional Services Terms and conditions

http://www.higherimages.com/terms_and_conditions