[Last Revised: April, 2020]
This End User License Agreement (“Agreement” or “EULA”) govern your use of our services and the download and install of our browser extension, including any revisions, improvements, new releases and related documentation in connection thereto (collectively "Service" or “Product”) and constitutes a legally binding agreement between you ("user" or "you") and Digital Market Co ("we", "us" or "our").
Except as otherwise described herein, we may at our sole discretion and at any time amend the terms of this Agreement. Such changes shall be effective upon publication of the amended terms in this Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the "Last Revised" heading above. In the event of a material change we will make best efforts to send you a written notification. We recommend that you periodically review this Agreement, as it may be subject for amendments from time to time. If you do not agree to the Agreement as amended, your sole and exclusive option is to discontinue or terminate your use of the Service.
You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms.
In addition, you represent and warrant that you are at least 13 years of age and of legal competence to enter into these Terms. Children under 13 are prohibited from using the Product. In the event that we become aware that a user under the age of 13 has shared any information, we will discard such information. If you have any reason to believe that a child under the age of 13 has shared any information with us, please contact us at: [email protected]. If you are under 18, please be sure to read the Terms with your parents or legal guardians and ask questions about things you do not understand.
Following your acceptance of this EULA, the Product will be installed on your computer. The Product is a browser add-on that changes your browsers' new tab setting or features that you may choose to install and may affect your browsers' search settings. These features may include, as applicable, changes in your browsers' (i) new tab; (ii) default search engine; and (iii) home page. The unique features we provide enable you to easily customize to your own interests such as music radio, sports channels etc.
Any use by you of Third Party Content is subject to the terms and conditions of the Service Provider or the applicable third party. You acknowledge that we have no control over and assume no responsibility for Third Party Content. You assume all responsibility and risk in connection with your use of Third Party Content and we hereby disclaim any and all liability to you or any third party in connection thereto. We have no obligation to examine, review or monitor Third Party Content and are not responsible for the accuracy, completeness, appropriateness or legality of Third Party Content.
The availability of any Third-Party Content as part of the Product is not an endorsement, authorization or approval of such Third-Party Content, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto. In addition, you acknowledge and agree that certain Third-Party Content may cease to be available to you at any time without providing any notice.
Subject to your compliance with the Terms, we hereby grant you a personal, limited., revocable, non-transferable, non-sub-licensable and non-exclusive right and license to use, access, download and install the most current generally available version of the Product (including all updates thereto) and the Service on devices solely in connection with your lawful, personal and non-commercial use. Your license hereunder is limited not to allow others to use, copy or evaluate copies, and the license granted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferred or sub-licensed in whole or in part.
You acknowledge that all right and interest in the Product’s trademarks, service marks, including all associated components, code, protocols, software and documentation provided to you by us in conjunction with our Service, any related features or derivatives thereof improvements and modifications thereto, including associated intellectual property rights, evidenced by or embodied in or attached, connected, related to the Product or Service, are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Product or associated components. Except as expressly granted in the Agreement, we retain all right, title and interest in and to our Service, copyrights and trademarks, as well as any content provided or made available in connection with the Service (excluding Third Party Content). We reserve all rights in and to the Service which are not expressly granted herein.
In addition, you acknowledge and agree that the Product may provide you with Third Party Content which includes copyrighted material, trade secrets, patents (registered or pending), designs, information, methods, specifications, graphics, text, logos and other proprietary material ("Third Party IP"). You shall not, shall not attempt to, and shall not allow any third party, to use, copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, adapt, sublicense, make any commercial use, sell, rent, lend, process, combine with other software, translate, modify, reverse engineer, disassemble or decompile any such Third Party IP. Nor may you create any derivative works or other works that are based upon or derived from the aforementioned content in whole or in part. Intellectual Property law including, Copyright law and certain international copyright treaty provisions protect all parts of the Product and all content provided therein or therewith. No program, code, part, image, audio sample, or text may be copied, or used in any way by the user except for the applicable purpose. We reserve the right to disable the access to the Services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe your copyright rights, were infringed please contact us at: [email protected]
Further, you acknowledge and agree that the technology manifested in the operation of the Product constitutes our, and our partners valuable trade secrets and know-how and to the extent you discover any such trade secrets, you will not disclose them to any third party. Any disclosure or unauthorized use thereof will cause us irreparable harm and loss.
You will install the Product only in accordance with our instructions. Except as expressly provided under the Agreement, you agree you will not, nor enable anyone else to, directly or indirectly; (a) use or display the Product together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating; (b) make any copies of, modify, adapt, disassemble, translate, decompile, create any derivative works ,reverse engineer, circumvent or hack the Product or Service, or attempt to gain unauthorized access to the Service or its related systems or networks, or otherwise attempt to discover any source code in the software, including in cases it is made available with any other software, product or program; (c) sublicense, resell, rent, lease, transfer, assign, transfer any right, share or otherwise commercially exploit or make the Service available to any third party, or any portion thereof; (d) use the Service or any content made available in connection with the Service in any fraudulent or unlawful manner, including, without limitation, by means of defacing, degrading or impeding the performance of our Service; (e) use our name, logo or trademarks without prior written consent; and (g) use, access or attempt to access the Service in connection with any automated means, including robot, spider, crawlers, scrapers or other automatic devices or manual processes.
In addition, we reserve the right to discontinue some or all of the features of our Service at any time at our sole discretion (including the provision of any updates, upgrades or fixes). We are under no obligation to provide you with any features, functionality, upgrades or bug fixes. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service, or any portion thereof. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service.
You represent and warrant that (i) you will only use the Product as permitted under this EULA; (ii) you will use the Product in full compliance with all applicable laws, rules and regulations and industry best practices; (iii) you will not use the Product for any fraudulent or inappropriate purpose; (iv) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (v) you are not listed on any list of U.S. Government list with respect to prohibited or restricted parties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCT AND ANY SERVICES, CONTENT (INCLUDING THIRD PARTY CONTENT) PROVIDED THEREIN IS AT HIS SOLE RISK (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO DEVICE) AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER. THE CONTENT AVAILABLE ON THE PRODUCT OR SERVICE MAY INCLUDE INACCURACIES OR ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT DISPLAYED ON THE PRODUCT INCLUDING TO THE PRODUCTS AND SERVICES OFFERED VIA THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY SERVICES, PRODUCT OR CONTENT PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND ANY SERVICES, PRODUCT OR CONTENT PROVIDED THEREIN, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE PRODUCT AND SERVICE WILL MEET THE USER'S REQUIREMENTS. IF THE USER IS DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE PRODUCT OR WITH THE TERMS OF THIS EULA, HIS SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PRODUCT AND ANY SERVICES PRODUCT OR CONTENT PROVIDED THEREIN.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WE (INCLUDING, WITHOUT LIMITATION, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THESE TERMS OR TO YOUR USE OR THE INABILITY TO USE THE PRODUCT. OUR LIABILITY SHALL NOT EXCEED THE COST OF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, suits, actions, obligations, losses, costs, damages, expenses, and any other liabilities, including without limitation reasonable attorneys’ fees, arising out of or related in any manner to your access, use or misuse of the Service, including any content or Third Party Content, your acts or omissions, any breach or alleged violation of this Agreement or of the rights of any other person or entity by you, including without limitation any intellectual property right, confidentiality, property, privacy or publicity right. You agree to fully cooperate with us in the defense of any claim that is the subject of your obligations hereunder.
You may terminate your use of the Service at any time and for any reason by removing the Product, and cease using the Services. To uninstall the Product please use your standard uninstall processes that are available through your Browser’s Settings, and remove the extension as follows- In Google Chrome- (i) Click on the three horizontal lines icon in the upper right-hand corner of your Chrome browser; (ii) Go to "Settings”; (iii) In the menu that appears click on "Extensions"; (iv) From the list of installed Extensions, find the name of the extension (v) Click on the trash can icon to the right of "Enable" for the name of the extension; (vi) Close your browser completely and reopen it. The extension should be removed from your Chrome browser. In Mozilla Firefox- (i) Click on the three horizontal lines icon in the upper right-hand corner of your Firefox browser; (ii) Go to "Add-ons”; (iii) In the menu that appears click on "Extensions"; (iv) From the list of installed Extensions, find the name of the extension (v) Click on the “Remove” button to the right of the name of the extension; The extension should be removed from your Firefox browser. In Safari- (i) Open Safari; (ii) Select "Safari" then "Preferences"; (iii) Select the "Extensions" tab; (iv) From the list of installed Extensions, find the name of the extension (v) Click the Uninstall button; The extension should be removed from your Safari browser.
We may terminate your access to Product or our services at any time, with or without cause and with or without notice, effective immediately.
Any termination may result in the destruction of all information and data associated with your use of the Product. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease. We are not liable to you or any third party for termination of the Service or termination of your use of the Service. The provisions of this Agreement, which by their nature should survive any such action on our part, shall survive.
For any dispute you have with us, you agree to first contact us at: [email protected] and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
These Terms, constitutes the entire understanding between the parties with respect to the use of the Product and our Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. This EULA and any right granted herein may not be assigned by you without our prior written consent. We may assign our rights according to this Agreement to any third party at our sole discretion.