End User License Agreement (EULA)
Last Updated: August 27, 2015
ACCEPTANCE OF TERMS
Any person who wishes to use the Extension must agree to this Agreement, as well as all policies and guidelines incorporated by reference in this Agreement. This Agreement is a legally binding agreement between you and Licensor.
BY DOWNLOADING, INSTALLING OR USING THE EXTENSION, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE OR DOWNLOAD THE EXTENSION.
CHANGES TO THIS AGREEMENT
YOU AGREE THAT YOUR CONTINUED USE OF THE 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 EXTENSION AFTER THE EFFECTIVE DATE OF SUCH CHANGES AND UNINSTALL THE EXTENSION.
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 Extension that Licensor provides may change from time to time without prior notice to you. We may also cease or discontinue providing the support or upgrades for the Extension at any time.
INFORMATION COLLECTED AND STORED BY THE EXTENSION; UNINSTALLING THE EXTENSION
The World Wide Web changes constantly, and no technique can ever index all pages accessible on the Web. As a result, Licensor cannot guarantee the completeness or accuracy of the websites or URLs to which the Extension links to or operates on.
Further, the process of linking to or operating on websites in the Extension is largely automatic. Licensor does not screen the websites included in the Extension, and these websites (other than our homepage) are maintained by persons over whom Licensor exercises no control. For these reasons, Licensor assumes no responsibility for the content of any such website or URL to which the Extension links or refers and is not responsible for errors or omissions or for offensive or objectionable content contained on any such website or URL to which the Extension links or refers.
Licensor occasionally receives requests to change or remove websites to which the Extension links or refers. Licensor reserves the right to address such requests on a case-by-case basis, and our editors will review and seriously consider the new suggestions that are submitted.
When installing the Extension, it attempts to detect other software that may interfere with its functioning, usually similar types of software. By installing the Extension, you consent to the Extension in disabling other conflicting software and we understand you have chosen to use our software to customize your social media pages over other available software packages. You also agree that the Extension requires modern computer hardware and software and a minimum amount of resources; using this Extension with insufficient resources may affect the performance of your computer.
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
Licensor has the right, but not the obligation, to monitor any activity and content associated with the Extension. Licensor may investigate any reported violation of its policies or this Agreement and take any action it deems appropriate, including terminating your access to the Extension without notice.
Licensor may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests; to protect Licensor’s systems, users or third parties; to ensure the integrity and operation of Licensor’s business and systems; or in response to subpoenas, court orders, or legal requirements, Licensor may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By downloading, installing, or using the Plugin, you expressly consent to the foregoing use and disclosure.
CONTENT ACCESSIBLE THROUGH THE EXTENSION
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Extension is the sole responsibility of the person from which such content originated. All such information that referred to below as the “Content.” You should be aware that Content presented to you through your use of the Extension, including but not limited to advertisements and sponsored Content displayed as a result of the Extension, may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to or for the use of Licensor (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Licensor or by the owners of that Content, in a separate agreement. Licensor reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content. You understand that by using the Extension you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect as well in others, you use the Extension at your own risk.
The Extension is controlled and operated by Sistema ltd The Extension, including all accompanying code, images, text, illustrations, logos, brands, and audio and video files (collectively “intellectual property”), are protected by copyrights, trademarks, or other proprietary rights which are either owned by Licensor or parties who have licensed their intellectual property to Licensor. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Extension is the exclusive property of Licensor and its affiliates and protected by U.S. and foreign laws and international copyright treaties. Materials from the Extension may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Licensor’s intellectual property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization, is a violation of Licensor’s copyrights and other proprietary rights and is strictly prohibited.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Extension. Unless you have been expressly authorized to do so in writing by Licensor, you agree that in using the Plugin, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
The proprietary software associated with the Extension, including any enhancements or modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Licensor grants to you a limited, personal, nonexclusive, revocable, nonassignable, nontransferable license to download, install, and use the Extension to and on a single computer and to use the Extension solely as permitted under this Agreement. All rights not expressly granted to you by the foregoing sentence are reserved by Licensor. Without limiting the generality of the foregoing, you may not copy, modify, distribute or reverse engineer, decompile or disassemble, or make any derivative works based on the Extension, except that you may make one copy of the Extension for back-up purposes. You may not use the Extension for any commercial purpose, and you may not transfer, sell, assign, or convey it to another party without Licensor’s prior written consent. Any unauthorized use terminates the permission or license granted by Licensor in this paragraph.
You agree not to access (or attempt to access) the Extension or any Internet service it interacts with by any means other than through the interface that is provided by Licensor, unless you have been specifically allowed to do so in a separate agreement with Licensor. You specifically agree not to access (or attempt to access) the Extension any Internet service it interacts with through any automated means (including use of scripts, spiders or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on or in connection with the Extension. You agree that you will not engage in any activity that interferes with or disrupts Licensor’s provision of the Extension (or the servers and networks that use in providing the Extension).
Licensor may at any time, without or without notice, terminate the Agreement or block or disable your access or use of the Plugin if:
(A) Licensor believes 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); or
(B) Licensor is required to do so by law (for example, where the provision of the Extension to you is, or becomes, unlawful); or
(C) Licensor is transitioning to no longer providing the Extension to users in the country in which you are resident or from which you use the Extension; or
(D) The provision of the Extension to you by Licensor is, in Licensor’s opinion, no longer commercially viable; or
(E) Licensor believes that your use of the Extension 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.
The Extension may automatically download and install updates from time to time from Licensor. These updates are designed to improve, enhance and further develop the Plugin and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Licensor to deliver these to you) as part of your use of the Extension.
You agree to defend, indemnify, and hold harmless Licensor and its affiliates, and each of their officers, directors, employees, agents, representatives, members, partners, advertisers, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney’s fees, relating to or arising out of any breach of this Agreement or any use of the Extension by you, or by any other person using the Extension through you or using your computer.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE EXTENSION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE 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 ITNESS FOR A PARTICULAR PURPOSE. EXTENSION CAN CHANGE THE CONTENT ON SOME WEB PAGES YOU VISIT AND ADD ADVERTISE ON THEM. 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 EXTENSION, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE; (ii) THAT THE EXTENSION WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE 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 PLUGIN; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE 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 EXTENSION, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF LICENSOR OR ANY OF ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION OR OTHER CONTENT THAT YOU DID NOT GET WITH THE USE OF THE EXTENTION (INCLUDING LOST PROFIT, LOST PROFIT OF THE THIRD PARTН AND USEFULL INFORMATION) IS DONE AT YOUR OWN DISCRETION AND RISK.
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.
LIMITATION OF LIABILITY
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 EXTENSION 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 EXTENSION OR BUNDLED WITH THE EXTENSION, OR (ii) ANY USE OR INABILITY TO USE THE EXTENSION FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE EXTENSION.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
APPLICABLE LAW; JURISDICTION AND VENUE; CLASS ACTIONS
If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Licensor’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Licensor’s right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.