Last Updated: August 17, 2017
ACCEPTANCE OF TERMS
Any person who wishes to use the Application 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 APPLICATION, 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 APPLICATION.
CHANGES TO THIS AGREEMENT
YOU AGREE THAT YOUR CONTINUED USE OF THE APPLICATION 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 APPLICATION AFTER THE EFFECTIVE DATE OF SUCH CHANGES AND REMOVE THE APPLICATION.
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 Application 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 Application at any time.
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 Application links to or operates on.
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
Licensor has the right, but not the obligation, to monitor any activity and content associated with the Application. 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 Application without notice.
CONTENT ACCESSIBLE THROUGH THE APPLICATION
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 Application 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 Application, including but not limited to advertisements and sponsored Content displayed as a result of the Application, 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 Application 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 Application at your own risk.
The proprietary software associated with the Application, 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 Application to and on a single computer and to use the Application 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 Application, except that you may make one copy of the Application for back-up purposes. You may not use the Application 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 Application 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 Application 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 Application. You agree that you will not engage in any activity that interferes with or disrupts Licensor’s provision of the Application (or the servers and networks that use in providing the Application).
Licensor may at any time, without or without notice, terminate the Agreement or block or disable your access or use of the Application 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 Application to you is, or becomes, unlawful); or
(C) Licensor is transitioning to no longer providing the Application to users in the country in which you are resident or from which you use the Application; or
(D) The provision of the Application to you by Licensor is, in Licensor's opinion, no longer commercially viable; or
(E) Licensor believes that your use of the Application 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 Application may automatically download and install updates from time to time from Licensor. These updates are designed to improve, enhance and further develop the Application 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 Application.
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 Application through you or using your computer.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION 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. APPLICATION 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 APPLICATION, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE; (ii) THAT THE APPLICATION WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION 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 APPLICATION; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE APPLICATION 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 APPLICATION, 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 APPLICATION (INCLUDING LOST PROFIT, LOST PROFIT OF THE THIRD PARTН AND USEFULL INFORMATION) IS DONE AT YOUR OWN DISCRETION AND RISK.
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 APPLICATION 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 APPLICATION OR BUNDLED WITH THE APPLICATION, OR (ii) ANY USE OR INABILITY TO USE THE APPLICATION FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE APPLICATION.
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