EULA / Terms of Service
NOTE: THE SITE/EXTENSION/PRODUCT, LICENSED BY @@DOMAIN@@ ("Licensor ", "we
"or
"us
"), MAY COLLECT OR STORE INFORMATION ABOUT THE WEB PAGES YOU VISIT AND YOUR
ACTIVITY
ON
THOSE PAGES, SUCH AS IMPRESSIONS AND CLICKS. IN SOME CASES, INFORMATION
COLLECTED BY
THE
SITE/EXTENSION/PRODUCT MAY BE PERSONALLY IDENTIFIABLE, AND INFORMATION
(INCLUDING
INFORMATION FROM OR ABOUT PAGES OF SOCIAL MEDIA WEBSITES YOU VISIT) MAY BE
USED
OR
SHARED WITH THIRD PARTIES FOR PURPOSES OF DISPLAYING TARGETED ADVERTISEMENTS
TO
YOU
BUT
WE DO NOT ANALYZE WEB USAGE DATA TO DETERMINE THE INDIVIDUAL IDENTITY OF
USERS .
PLEASE READ THIS TERMS AND LICENSE CAREFULLY BEFORE INSTALLING OR USING OUR
SITE/EXTENSION/PRODUCT. BY INSTALLING OUR EXTENSION/PRODUCT OR USING OUR
SITE,
YOU
AGREE
TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES
AND
GUIDELINES INCROPORATED BY REFERENCE.
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS
AGREEMENT,
DO NOT INDIICATE YOUR ACCEPTENCE, AND DO NOT USE OUR SITE OR INSTALL THE
EXTENSION/PRODUCT.
For more details about how we collect, store, share and use information
collected,
please
visit our privacy policy (the " Privacy Policy ").
Acceptance of Terms
By installing our Extension/Product, you will be installing a software
application
onto
your device which might appear on your desktop, mobile device, or within one
or
more
of
your Internet browsers (New Tab). Our Site and/or Products provide you with
access
to
personalized third-party News Feed(s) and/or Content and/or to search the
internet,
and
may provide you with additional features as further described herein.
During the use of @@DOMAIN@@, you may also be offered the opportunity to set
your
browser homepage, start page, new tab page and/or default search setting(s)
to
our
search service. If you do not wish to reset your setting(s), you can
decline/opt-out
of
the setting(s) change by unchecking the appropriate checkbox during the
using/download
process for the relevant Product. The search features, as well as other
non-search-related features may be customized by you. Use of such features
and
settings
is subject to our Terms of Service and Privacy Policy, which are hereby
incorporated
into this EULA by reference.
This EULA and the privacy policy (together, this " Agreement ") govern your
use
of
our
product. You may not use our products if (a) you are not of legal age to
form a
binding
contract with us, or (b) you are a person barred from receiving or using the
product
under the laws of the United States or other countries, including the
country in
which
you are resident or from which you use the product.
This Agreement is a legally binding agreement.
By using and/or visiting @@DOMAIN@@ you acknowledge that we will not be
liable
for
any damages, claims or other liability arising from and / or related use of
Web
sites
owned by third parties.
License &Use Restrictions
Subject to your compliance with these Terms, we hereby grant you a limited,
personal,
non-transferable, non-sublicensable, license (NOT SOLD) to use @@DOMAIN@@ on
applicable devices that are under your control, provided that you will fully
comply
with
the terms and conditions of these Terms and our Privacy Policy. You may not
do
any
of
the following: (1) Interfere with the security of the product in some way.
(2)
Use
the
product in a way that violates or disrupts the services it provides. (4)
Make
any
use of
a product that violates the legal rights of any user. (5) Use the product
illegally.
(6)
Use the product in violation of applicable law or regulation.
We reserve the right at our sole discretion to suspend, remove, or disable
your
access to
@@DOMAIN@@ at any time and without notice. In no event we will be liable for
the
suspension, removal of or disabling of your access or to any feature
available
therein.
Un-install
You can easily uninstall @@DOMAIN@@ by following the steps described in
Windows
Add/Remove programs dialog found in the control panel.
Push Notifications
If you are a registered user and opted to receive push notifications by us,
you
may
receive such notifications, which can be personalized to your liking. With
your
consent,
we may send push notifications or alerts to your mobile device and/or
desktop
even
when
you are not logged in. We use push notifications to send you notifications
related
to
the Site and Service.
At any time, you can manage your push notification preferences or deactivate
these
notifications by turning off the notification settings in the Site or in the
Device
Settings of your mobile device or computer.
If you choose not to receive push notifications, then you may still receive
notifications
within the Site.
Linked Content
Some of the content displayed or linked to by us is developed by people over
whom
we
exercise no control and we cannot and do not screen the sites before
including
them
in
the Site and/or Product. We cannot guarantee that any content will not
contain
unintended or objectionable content and assume no responsibility for the
content
of
any
site included in the Site and/or Product, and we do not assume
responsibility
for
the
goods, services, or information provided by such sites.
Personal Use Only
Our Services are made available for your personal, non-commercial use only.
You
may
not
take the Site ’s and/or Product ’s different content and display them, or
mirror
any
home page or results pages on your website or other product.
“In-app ”Purchases / Paid Service(s)
Our Services may include specific services that can be licensed for a fee ,
typically
via
an “in-app purchase ”or “subscription ”(“ Purchased Content ”). You may only
license
Purchased Content if you are over 18 years old, and only on a limited,
personal,
non-transferable, non-sublicensable and revocable basis for non-commercial
use
only.
Please note that if you remove our Extension/Product or deactivate your
account,
you
may
lose future access to previously Purchased Content even if you later
re-download
the
Extension/Product or re-activate your account.
In addition, any “ subscription/s ”previously purchased (on a monthly/yearly
subscription
basis) may not be automatically canceled in case you remove our
Extension/Product or
deactivate your account and will therefore stay in effect until you “
un-subscribe
”.
We reserve the right to manage, regulate, control, modify or eliminate
Purchase
Content
at any time.
Upon the Purchased Content being made available to you, our obligations to
provide
Purchase Content are deemed fulfilled, and we make no representations that
Purchased
Content will be available to the purchaser for any length of time nor that
the
Services
will continue to support Purchased Content.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE WILL NOT BE
REQUIRED
TO
PROVIDE A REFUND FOR PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT
RECEIVE
MONEY OR OTHER COMPENSATION FOR UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS
OF
LICENSE
WAS VOLUNTARY OR IN VOLUNTARY.
Termination
We may at any time, with or without notice, terminate the Agreement or block
or
disable
your access or use of our Product or Service if:
We believe that you have breached any provision of the Agreement (or have
acted
in
manner
which shows that you do not intend to, or are unable to comply with the
provisions
of
the Agreement).
We are required to do so by law (for example, where the provision of the
Product
or
Service to you is, or becomes, unlawful).
The provision of the Product or Service to you by us is, in our opinion, no
longer
commercially viable.
We believe that your use of the Product or Service may infringe or violate
the
rights
of
a third party or subject Licensor to civil or criminal liability.
All of the provisions of this Agreement which, by their nature, are intended
to
survive
termination hereof (including, without limitation, all provisions relating
to
indemnification, disclaimer of warranties, indemnification, intellectual
property
rights, limitation of liability, applicable law, jurisdiction and venue,
class
actions
and general matters), shall do so.
Copyright
“ Intellectual Property ”–including any and all trade secrets, patents,
copyrights,
trademarks, service marks, URLs, trade dress, brand features, know-how,
moral
rights,
contract rights, code (executable, source and other) and similar rights of
any
type
under the laws of any applicable governmental authority, or international
treaty,
including, without limitation, all applications and registrations relating
to
any of
the
foregoing. Intellectual Property shall mean all intellectual property
whether
registered
or not and whether reduced into practice or not.
All content on the product, including text documents graphics software, etc.,
as
well
as
trademarks, logos, are solely owned by us or licensed to us. We have the
right
to
edit,
delete, distort, modify or move user content without notice for any reason
at
any
time.
Additionally, we have the right to refuse to transmit, email, post or
broadcast
any
content without notice for any reason at any time.
Indemnification
You agree to indemnify and to hold us ("Indemnifying Party ") harmless, and
indemnify us
from and against any expenses (including attorney fees) arising from claims
of
third-parties made against or incurred by the Indemnified Party as a result
of
negligence, misrepresentation, error or omission on the part of the
Indemnifying
Party
or any employee, agent or representative of the Indemnifying Party, or any
breach of
this Agreement by the Indemnifying Party, regardless of whether such claims
were
foreseeable by the Indemnified Party. The Indemnified Party will have the
right
to
participate, at its expense, in the defense of any claim covered hereunder
with
counsel
of its own choosing. The Indemnified Party shall give the Indemnifying Party
prompt
notice of any such claim and shall reasonably cooperate with the
Indemnifying
Party
and
its counsel in the defense of such claim.
WARRANTIES
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
EXCEPT
AS
EXPLICITLY SET FORTH IN THIS AGREEMENT, ALL CONTENT ON THE SITE IS PROVIDED
"AS-IS
". WE
DO NOT WARRANT THAT THE LICENSED PRODUCT IS ERROR-FREE OR FREE FROM
INTERRUPTIONS OR
OTHER FAILURES OR THAT THE PRODUCT WILL MEET DISTRIBUTOR 'S OR THE END
CUSTOMER
'S
REQUIREMENTS.
IN NO EVENT WILL LICENSOR, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR
RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, MEMBERS,
ADVERTISERS,
INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL,
SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF
ACTION), OR
FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, DATA OR USE OF
SYSTEMS,
ARISING OUT OF (i) USE OF THE PRODUCT BY ANY PERSON, INCLUDING BUT NOT
LIMITED
TO,
ANY
DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, DEFECTS,
MALFUNCTIONS,
ERRORS OR OMISSIONS IN, ANY INFORMATION, CONTENT OR SOFTWARE ACCESSED VIA
THE
PRODUCT,
OR (ii) ANY USE OR INABILITY TO USE THE PRODUCT FOR WHATEVER REASON,
INCLUDING
BUT
NOT
LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR
DELIVERY
OF
ANY INFORMATION ACCESSED THROUGH THE PRODUCT. SOME JURISDICTIONS DO NOT
ALLOW
THESE
LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, PRODUCT AND EXTENSION ARE PROVIDED
ON
AN
"AS
IS "AND "AS AVAILABLE "BASIS. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE,
PRODUCT
AND
EXTENSION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE
APPLICABLE
LAW, LICENSOR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND,
EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED
WARRANTIES OF
MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING,
NEITHER LICENSOR NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS,
DIRECTORS,
LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE
WEBSITE,
PRODUCT AND EXTENSION, INCLUDING THEIR CONTENT, WILL MEET YOUR REQUIREMENTS
OR
BE
ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE; (ii) THAT THE WEBSITE, PRODUCT
AND
EXTENSION WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE,
TIMELY,
OR
SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE,
PRODUCT
AND
EXTENSION WILL BE FREE FROM VIRUSES, "WORMS,""TROJAN HORSES "OR OTHER
HARMFUL
PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF
ANY
REVIEW,
RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE
PRODUCT;
(v)
ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
(vi)
THAT
THE
WEBSITE, PRODUCT AND EXTENSION IS NONINFRINGING. LICENSOR AND ITS AFFILIATES
HEREBY
DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE LICENSOR AND ITS AFFILIATES FROM,
ANY
AND
ALL
OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN TORT ARISING OUT OF
OR
IN
CONNECTION WITH THIS AGREEMENT OR THE WEBSITE, PRODUCT AND EXTENSION,
WHETHER OR
NOT
ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF LICENSOR OR ANY
OF
ITS
AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES,
SO
THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS,
WHICH
VARY
FROM JURISDICTION TO JURISDICTION.
Miscellaneous
THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF
ISRAEL,
WITHOUT REFERENCE TO ITS CONFLICTS OF LAW PRINCIPLES. The courts located in
Tel-Aviv
Israel shall have exclusive jurisdiction to adjudicate any dispute arising
out
of
this
Agreement and each party hereby expressly consents to the personal
jurisdiction
of
such
courts. A determination that any term of this Agreement is invalid or
unenforceable
shall not affect the other terms thereof. Section headings are for
convenience
of
reference only and shall not affect the interpretation of this
Agreement.
Nothing in these Agreement creates any agency, employment, joint venture, or
partnership
relationship between you and us. Except as may be expressly stated in these
Terms,
these
Terms constitute the entire agreement between us and you pertaining to the
subject
matter hereof. We may assign our rights and obligations under these Terms
and
the
Privacy Policy. You may not assign your rights and obligations hereunder
without
our
prior written consent.
YOU AGREE THAT YOURE CONTINUED USE OF THE WEBSITE, PRODUCT AND EXTENSION,
FOLLOWING
THE
POSTING OF ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT
WILL
CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO FUTURE
CHANGES TO
THIS AGREEMENT, STOP USING THE SITE AND OUR PRODUCTS AFTER THE EFFECTIVE
DATE OF
SUCH
CHANGES AND UNINSTALL THE PRODUCT.
We are constantly innovating in order to provide the best possible experience
for
our
users. You acknowledge and agree that the form, features or nature of the
product we
provide may change from time to time without prior notice to you. We may
also
cease
or
discontinue providing the product or upgrades at any time.
For details about our data collection and data use practices, please see our
Privacy
Policy. As explained in the Privacy Policy, we may collect and store
information
from
your use or web sessions which may be used to display targeted
advertising.
