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END USER LICENSE AGREEMENT / TERMS OF SERVICE / AND PRIVACY
POLICY IMPORTANT - PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. THIS
AGREEMENT SHALL GOVERN YOUR USE OF SWEETIM SOFTWARE, SERVICE AND SITE. IF,
AFTER READING THIS AGREEMNET, YOU WISH TO USE THE SWEETIM SOFTWARE, WEBSITE AND
ITS FEATURES, PLEASE INDICATE YOUR ACCEPTANCE HEREOF BY CLICKING "I
AGREE" AT THE END.
Please note: (1) you MUST be 13 years or older to install or to use the SweetIM Software. If you are not yet 13, do not download SweetIM Software; (2) the SweetIM Software is not intended for use by or be available to persons under the age limit of any jurisdiction which restricts the use of Internet-based applications and services according to age. IF YOU RESIDE IN SUCH A JURISDICTION AND ARE UNDER THAT JURISDICTION'S AGE LIMIT FOR USING INTERNET-BASED APPLICATIONS OR SERVICES, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SWEETIM SOFTWARE AND YOU MAY NOT ACCESS THE SERVICES
When you download the SweetIM Software, you will receive the following software features:
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SWEETIM SOFTWARE.
THE SOFTWARE (ASIDE FROM THE SWEETIM TOOLBAR FOR FIREFOX) CAN BE UNINSTALLED FROM THE "ADD OR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL..
Please Note, - You may choose to uninstall either one of SweetIM components or both of them.
If you are having trouble uninstalling either of the components, you can:
1. License Grant.
The SweetIM Software is being licensed to you by SweetIM on an "AS IS" basis, for your private personal use only. Subject to the terms of this Agreement, SweetIM and its current, and future , parent and subsidiary companies (collectively "Licensor", "we", "us" or "our") hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the SweetIM Software, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "SweetIM Software") onto a computer for your sole use to install, interact with and utilize the SweetIM Software, including the content and features contained therein and the services and the Network related thereto ("Services"). The SweetIM Software may only be used in connection with the Services. As used herein, the term "Network" means the universe of computers connected to the Internet that are operating the SweetIM Software.
2. License Conditions.
(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Services, SweetIM Software or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the SweetIM Software, the Services or the Network; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the SweetIM Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of SweetIM; (iv) export or re-export the SweetIM Software in violation of export laws; (v) use the SweetIM Software or Services for any commercial purpose or the benefit of any third party or charge any person for the use of the SweetIM Software; or (vi) use the SweetIM Software or Services to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the Network or users of the SweetIM Software or Services by monitoring, interdicting or intercepting any process of the SweetIM Software or the Network; and (viii) use any type of bot, spider virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble the SweetIM Software, the Services or the Network. Furthermore, you may not use the SweetIM Software or Services to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the SweetIM Software or Services, (D) performs any unsolicited commercial activity not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
(b) The SweetIM Software and Services contain confidential and trade secret information owned or licensed by SweetIM, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information.
3. Permission to Utilize
In order to receive the benefits provided by the SweetIM Software, you hereby grant permission for the SweetIM Software to (i) utilize the processor and bandwidth of your computer, only in order to provide you with the Services (ii) use your Instant Messenger’s identification that you have submitted to your instant messenger provider in order to login to SweetIM and receive the SweetIM Services for Instant Messenger.
SWEETIM IS TAKING REASONABLE MESURES IN ATEMPT TO KEEP THE SWEETIM SOFTWARE AND SERVICE SECURE. HOWEVER, LIKE ALL OTHER INTERNET SOFTWARE PROVIDERS, THE SOFTWARE, SERVICE AND SITE MAY STILL BE VULNERABLE TO VARIOUS SECURITY ISSUES AND FOR THAT REASON, SHOULD NOT BE CONSIDERED SECURE.
If you choose to use the SweetIM Software or the Services, you may be exposed to a variety of risks such as : (i) unauthorized invasion of your privacy during, or as a result of, your or another's use of the Service (ii) unauthorized exposure of information and material posted by you or others on or through the Services. (iii) potential exposure to objectionable material and/or parties, such as content and messages that may offend and which may contain contaminated files., (iv) spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be illegal.
IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU ARE ADVISED NOT TO USE THE SWEETIM SOFTWARE OR SERVICE.
5. Proprietary Rights
The SweetIM Software and Services contain proprietary and confidential information of SweetIM, including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the SweetIM Software, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of SweetIM and its suppliers, and except for the limited license granted to you, SweetIM reserves all right, title and interest in and to the SweetIM Software. You shall not take any action to jeopardize, limit or interfere with SweetIM's ownership of and rights with respect to the SweetIM Software and Services. You acknowledge that any unauthorized copying or unauthorized use of the SweetIM Software or Services is a violation of this Agreement and copyright laws and is strictly prohibited.
6. Term; Termination, Amendment.
(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.
(b) You may terminate this Agreement at any time provided you cease all use of the SweetIM Software and Services AND destroy or remove from all hard drives, networks, and other storage media all copies of the SweetIM Software in your possession. SweetIM may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the SweetIM Software and/or Services.
(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the SweetIM Software and the Services shall terminate and you must remove the SweetIM Software from your computer equipment and dispose of all originals and copies of the SweetIM Software in your possession, and (ii) Sections 2, 5, 6(b), and 9 through 15 shall survive such termination.
7. Installation, Operation and Removal
UPON INSTALLATION SweetIM software will be added to your Instant Messenger allowing you to add Emoticons, other graphics and sounds to your chats. In addition, SweetIM toolbar will be added t o your Internet browser in the form of a toolbar. The toolbar allows you to insert Emoticons and various graphical elements to your web based emails, blogs, forums and social networks. It also provides you with a search box, and easy access to powerful Web search directly from your browser. SweetIM for Internet Explorer can be minimized by right clicking the toolbar and selecting it. In addition, you will receive SweetIM Search Assistance feature which provides you with relevant search results when you place a search query in the browser address bar (as described above under Search Assistance)
"SWEETIM TOOLBAR FOR INTERNET EXPLORER" AND "SWEETIM FOR MESSENGER" SOFTWARE CAN BOTH BE UNINSTALLED FROM THE "ADD OR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL:
Notice - You can choose to uninstall either one of SweetIM components or both of them.
After installation of SweetIM software you will receive a Welcome page with a unique ID, which is recorded in our servers. When a user uninstalls SweetIM, the user receives an Uninstall page also carrying unique ID information. This information is not linked to any personally identifiable information and is used for statistical purposes only, to better understand the number of client software that has been distributed.
When a user uses one of SweetIM search feature to search the Web, the query reaches our servers. As all standard Web pages, besides the keyword query, it includes information such as IP address, default language setting, browser type, and an anonymous unique ID. SweetIM uses this information in order to appropriately process your search request and to serve you relevant and better search results.
The SweetIM toolbar sends a configuration request when you start your browser. This request includes only data such as IP address& browser type. In addition, occasionally SweetIM for messenger & SweetIM toolbar may send a request to our servers to check for new version releases.
All of the collected information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering better search services and content in accordance with your preferences.
Examples include information on your preferred language; we currently support our search in 15 languages, and the IP address helps us serve the user with the relevant one.
Importantly, all collected information of search queries are recorded on a non-personally identifiable basis and kept strictly anonymous. All search activity information is researched and evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process), and we do not disclose any non-aggregated information to third parties, except as required by a valid legal process such as a search warrant, subpoena, statute, or court order, or to protect someone's safety.
SweetIM constantly follows activity and usage of the SweetIM Software. By analyzing the aggregated information on usage of our product, SweetIM can improve the product and offer you better service.
SweetIM reserves the right to disclose any information it deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of SweetIM, its employees or the public. SweetIM also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in SweetIM's sole discretion.
If you wish to withdraw your consent to any of SweetIM features as described herein, you should uninstall the Software from your computer. Uninstall instructions are detailed above
We do not collect personal identification information including names, address', phone numbers. We do collect information necessary to enable certain features in SweetIM (such as your Instant Messenger Version). We do not sell, rent or trade any personally identifiable information you provide when using the SweetIM Software or the Web Sites.
We gather certain information such as internet protocol (IP) addresses, browser user agent, referring page, date/time stamp and cookies automatically. We use such information to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information to better provide our services.
When you visit the SweetIM Web Sites, we may place a small text file-called a "cookie"-on your computer that allows us to improve the quality of our service, and to store your preferences and settings. Importantly, a cookie does not allow us to obtain any personally identifiable information (such as your real name or address) unless you have specifically provided such information when using the Web Sites or the Software. The search feature sends a request to our servers while processing a search query that you have inputted. This request includes the keyword query, source (Toolbar, IE bar, related links, etc…) and all HTTP data transferred automatically by the browser (IP Address, User Agent, Cookies, etc…). We use this information in order to properly process your search request. For example, this data provides us with information on which language you prefer to use and your geographical location. Such information is recorded on a non-personally identifiable basis and is kept strictly anonymous.
If any of the Web Sites or the Software is ever sold or all or substantially all of the assets relating to a Web Site or the Software are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this Agreement.
9. Your Representations and Warranties
(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the SweetIM Software and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the SweetIM Software or the Network or to defeat or overcome any encryption and/or other technical protection methods implemented by SweetIM with respect to the SweetIM Software and/or data transmitted, processed or stored by SweetIM or other users of the SweetIM Software, (iv) you will not take any steps to interfere with or in any manner compromise any of SweetIM's security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by SweetIM, and (vi) you will only use the SweetIM Software and Services on a computer on which such use is authorized by the computer's owner.
(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the SweetIM Software, Network or Services, except to remove the SweetIM Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the SweetIM Software, Network or Services. SweetIM reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
(c) If SweetIM has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, SweetIM may terminate this license, deny any or all use of the SweetIM Software and/or Services, and pursue any appropriate legal remedies.
10. Submissions –
If at our request you send content (e.g., postings, contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of SweetIM. None of the Submissions shall be subject to any obligation of confidence on the part of SweetIM, and SweetIM shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, SweetIM shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
You agree to indemnify, hold harmless and defend SweetIM and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by SweetIM arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the SweetIM Software and/or Services.
12. Links and Search Results.
The Software may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. Disclaimer of Warranties.
(a) THE SWEETIM SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SWEETIM, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SWEETIM SOFTWARE OR SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SWEETIM FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SWEETIM SOFTWARE OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SWEETIM SOFTWARE AND SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) THE SWEETIM SOFTWARE MAY BE UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO SWEETIM. YOU AGREE THAT SWEETIM WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 13 (a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.
(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 12, some of these exclusions may not apply to you.
14. Limitation of Liability.
(a) IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL SWEETIM, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS OF ANY TYPE , DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE SWEETIM SOFTWARE OR THE SERVICES, EVEN IF SWEETIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SWEETIM SOFTWARE AND/OR SERVICES IS TO UNINSTALL AND CEASE USE OF SUCH SWEETIM SOFTWARE AND SERVICES.
(c) IN NO EVENT WILL SWEETIM’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS OR DAMAGES SHALL EXCEED THE LOWER OF (I) AMOUNT SWEETIM RECEIVED FROM YOU FOR THE LICENSE; OR (II) $100 USD, EVEN IF SWEETIM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
15. Customer Support
SweetIM may, but is not required to, provide you with customer support ("Support"). SweetIM may terminate any Support it provides at any time in its sole discretion.
16. Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled "I ACCEPT" or such similar links as may be designated by SweetIM to download the SweetIM Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SWEETIM SOFTWARE OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
17. General Provisions.
SweetIM reserves all rights not expressly granted herein. SweetIM may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at SweetIM www.sweetim.com. Your continued use of the SweetIM Software and/or Services shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and SweetIM. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of SweetIM at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of Israel without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Israel and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the SweetIM Software and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. SweetIM may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE SWEETIM SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SWEETIM THE RIGHTS SET FORTH HEREIN.
Surveys or Contests
From time-to-time we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code).
We may use a third party service provider to conduct these surveys or contests. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. We will not share the personally identifiable information you provide when registering to receive our newsletter. Out of respect for your privacy, we provide you a way to unsubscribe.
Each email from us includes an "unsubscribe" option, allowing you to stop your subscription at any time.
Free Ride Games Player is a software owned by Exent Technologies Ltd and certified by
THIS AGREEMENT SPECIFIES THE TERMS AND CONDITIONS FOR ACCESS TO AND USE OF THIS WEBSITE (THE "SITE") THE APPLICATIONS ON-DEMAND SERVICE (THE "SERVICE"), THE EXETENDER? SOFTWARE, THE ADMUSE? SOFTWARE AND/OR ANY DOCUMENTATION AND/OR ASSOCIATED MATERIALS IN CONNECTION THEREOF (THE "SOFTWARE").
THIS AGREEMENT IS IMPORTANT - BEFORE ACCESSING THE SERVICE AND/OR THE SITE AND/OR DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH BELOW.
PLEASE NOTE THAT THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU ("You," "Your" Or "User") AND EXENT TECHNOLOGIES INC. ("EXENT") AND BETWEEN YOU AND THE SERVICE PROVIDERS (AS THIS TERM IS DEFINED HEREIN BELOW).
[SPECIAL NOTICE FOR NON-ENGLISH SPEAKERS: THE SOFTWARE, THE SERVICE AND THE SITE ARE SUITED PRIMARILY FOR THE USE OF ENGLISH SPEAKERS AND, THEREFORE, THIS AGREEMENT IS WRITTEN IN ENGLISH AND IS ADDRESSED TO ENGLISH SPEAKERS. IF YOU ARE NOT PROFICIENT IN ENGLISH AND FEEL THAT YOU CANNOT PROPERLY UNDERSTAND THIS AGREEMENT, WE RECOMMEND THAT YOU EITHER RETAIN THE HELP OF AN ENGLISH SPEAKER TO HELP YOU UNDERSTAND AND ACCEPT THE TERMS OF THIS AGREEMENT OR, ALTERNATIVELY, REFRAIN FROM USING THE SERVICE, THE SITE AND/OR INSTALLING OR USING THE SOFTWARE.]
PURSUANT TO ANY APPLICABLE STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE. FURTHER, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT - DO NOT USE THE SITE AND/OR THE SERVICE AND DO NOT INSTALL AND/OR USE THE SOFTWARE, OR CLICK ON THE "I DO NOT AGREE" BUTTON (WHERE SUCH OPTION IS PROVIDED) AND CANCEL OPERATION OF THE SOFTWARE.
1. THE SITE AND THE SERVICE
(a) THE CONTENT ON THE SITE
The Site may include data, information, press releases and other communications, documents, code, software, photos, text, video, graphics, music, sounds, images, logos and other material (the "Content"). The Content should not be considered complete, nor should it be relied upon for any purpose or means. The Site may be accessed from various countries around the world and may contain references to products, services and programs that are not available in Your country.
(b) THE SERVICE
The Service is an on-demand application service, which allows You, subject to the terms of this Agreement, by installing and using the Software, to use third party software applications (each an "Application"), such as video games, offered by certain third party service providers (each a "Service Provider"), in real-time, on-demand, manner. The right to use an Application is a limited, non-exclusive, non-transferable, personal right and is granted subject to all of the limitations and restrictions set forth in this Agreement. You acknowledge that the Applications, the use thereof and the Service are provided to you "as is" and "as available" and neither Exent nor any Service Provider is or shall be responsible to You and/or to any third party for the content and/or performance of the Service and/or any Application therein. It is Your responsibility to comply with all terms and conditions, restrictions and disclaimers relating to the Applications you choose to access using the Software, as well as with any other legal obligation, including without limitation obligations under copyright, secrecy, defamation, decency, privacy, security and export laws. In no event shall Exent and/or the Service Provider be liable to You or to any third party for any damage arising from and/or occasioned by the use of an Application or the Service and/or the exposure to any advertisement and/or promotional materials.
(c) THE LINKS ON THE SITE
The Site may contain links to other web sites which may be of interest to You. Neither Exent nor any Service Provider and/or any of Exent's customers and/or any third-party advertising company (collectively - the "Companies", and each - a "Company") makes any review of or monitors any web site to which there is a link from the Site, nor is responsible for the content or activities of any such linked web site. The links, if any, are provided solely as a convenience to You. Navigating to such linked web sites is at Your own risk.
(d) SITE AND SERVICE RESTRICTIONS
You agree that You shall use the Site and the Service only in a manner that complies with all applicable laws in the jurisdictions in which You use the Site and/or Service, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, You may not: (i) permit other individuals to use the Service; (ii) modify, translate, distribute or create derivative works of the Site and/or Service; (iii) rent, lease, transfer, or otherwise transfer rights to use the Service; (iv) remove any proprietary notices or labels on the Site; (v) use the Site and/or the Service for any purpose other than for non-commercial use; (vi) use the Site and/or the Service in any way to provide, or as part of, any commercial service or application; (vii) attempt to, in conjunction with any device, software program or service, circumvent technological measures employed to control access to, or the rights in, any Content on the Site and/or any Content You are granted access to on the Service; (viii) copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Site and/or the Service, except that You may access and display material and all other content displayed on the Site for non-commercial and personal entertainment use on a single computer only; (ix) distribute any part of the Site over any network; (x) decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software; (xi) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site and/or the Service or any transaction conducted on the Site; (xii) take any action which imposes an unreasonable or disproportionately large load on the Site or on Exent's or the Service Provider's infrastructure; (xiii) use any robot, spider or other automatic device or manual process to monitor, deep link with or copy any of the Companies' web pages or the Content contained on the Site without the relevant Company's prior written consent.
You agree that any information or other material that You post, transmit or otherwise make available through Your use of the Site or the Service, to any Company: (a) shall not be fraudulent or intentionally misleading or inaccurate; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be intentionally malicious or derogatory toward any Company; (e) shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(e) TERMINATION AND LIMITATION OF ACCESS
Exent reserves the right to terminate or limit Your access to the Site and/or to the Service and/or to any part thereof and/or Content therein, for any reason or for no reason, at any time. In addition, each of the Companies reserves the right to terminate or limit Your access to certain Content and/or Applications or other services on the Site for any reason or for no reason, at any time. Further, any Applications (including any games) and any components of the Service that appear in the Site may be removed at any time and for any reason whatsoever, without having to give any notice or explanation and without any liability whatsoever towards You.
(f) GENERAL COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Site and the Service and each of the Companies' Applications and/or any other products and services.
2. THE SOFTWARE
(a) LIMITED LICENSE
Subject to all the terms of this Agreement, Exent grants to you a limited, personal, non-exclusive, non-transferable non-sublicensable, non-assignable, revocable license, pursuant to the terms and conditions hereof, to install and use one copy of the Software on a single computer owned and controlled by You, solely in connection with Your use of the Service.
(b) LICENSE RESTRICTIONS
The Software and any content thereof, is the proprietary product of Exent or its licensors and is protected by copyright laws and international copyright treaties, as well as other U.S. and international laws. You agree that You shall not (and shall not permit any third party to): (a) copy all or any portion of the Software; (b) remove any product identification, copyright, trademark or other proprietary notice or disclaimer from the Software; (c) disclose, distribute or otherwise make available the Software to any third party; (d) rent, lease, loan, sublicense, sell, assign or otherwise transfer the Software; (e) use a previous version or copy of the Software after You have received an upgraded version as a replacement of the prior version; (f) modify, adapt, translate or attempt to hack any communication initiated by the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Exent or its third party partners with respect to the Software and/or any data or file transmitted, processed or stored on or through the Software; or (g) reverse engineer, de-compile, disassemble, alter, duplicate, modify, make copies, create derivative works from, distribute or provide others with the Software in whole or part, or otherwise transmit the Software over a network; (h) through the use of any third party software application or otherwise, alter or modify the values stored by the Software in Your computer's memory, on Your computer's hard disk, or in Your computer's registry, or, with the exception of completely uninstalling the Software, otherwise modify, alter or block the functioning of the Software; (i) use automated means, including scripts, batch files, emulators or any others means, to control the operation of the Software.
Furthermore, You agree not to use the Software to: (i) transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; (v) transmit, access or communicate any data that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements); (vi) transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vii) transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (ix) interfere with or disrupt the Software; (x) intentionally or unintentionally violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Software, and any export or re-export laws, rules and regulations; (xi) collect any information or communication about the users of the Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing; (xii) "stalk" or otherwise harass another; (xiii) modify, delete or damage any information contained on the personal computer of any other user; (xiv) collect or store personal data or other information about other users; (xv) intentionally make available "spoofed" files or data, or files or data with any type of information designed to misidentify the actual content of a file or which is intended to mislead the recipient of the file; (xvi) utilize the Software for any non-personal or commercial purpose or for the benefit of any third party or charge any person for the use or distribution of the Software; (xvii) remove any proprietary notices from the Software; or (xviii) take any steps to interfere with or in any manner compromise any of Sharman's security measures with respect to the Software or any data or file transmitted, processed or stored on or through the Software.
In Addition, You may not use the Site and/or the Software to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach the rights of any third party; or (iii) engage in commercial activities including, but not limited to, offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any Content or other information offered on the Site.
(c) USER DATA
You understand and agree that by submitting, uploading, transmitting or otherwise making available any files or data on or through the Software, You represent and warrant that You own or have the necessary licenses, rights, consents, and permissions, including all patent, trademark, trade secret, copyright or other proprietary rights, in and to any and all such files or data and are permitted to make such files or data available on or through the Software. You further understand and agree that Exent, directly or through a third party partner, may use any form of software or other technology to block or otherwise disable Your ability to submit, upload, transmit, or otherwise make available any file or data, including, without limitation, any file or data that Exent or its third party partners know or have reason to believe that You do not have the right to so submit, upload, transmit or otherwise make available.
(d) OPERATION OF THE SOFTWARE
In order to enable operation of the Software and use of the Service and Applications through Your computer, You must have Adobe® Flash® Player browser-based application installed on Your computer.
When You download the Software, the following shortcuts will automatically be added on Your desktop: (1) a shortcut to our homepage at www.freeridegames, and (2) a shortcut to the Service.
(f) OPTIONAL ACCESSORIES
When You download the Software, You will also be offered the option of setting Your homepage, on the computer to which the Software is downloaded, to Exent's Free Ride Games customized web search page.
Note that as the default option the requests for inclusion of the toolbar and setting of the homepage may already be selected in the relevant window, and to choose otherwise you will have to remove such selection.
(g) UNINSTALLING THE SOFTWARE AND ACCESSORIES
You may uninstall the Software at any time, using the relevant uninstall procedure, which is as follows: (1) Click the Windows START button (usually placed in the lower left side of your screen); (2) Select Control panel, and once its window opens select the "Add or Remove Programs" utility (in Windows Vista ? "Programs and Features"); (3) Once the application list loads select "Free Ride Games player" and then click on "Change/Remove". If You get a message stating that the "Free Ride Games player is running", You will need to restart you computer and then perform the procedure again; (4) When you are prompted click on "Remove All", and then the uninstall process will finish.
You may uninstall the Free Ride Games toolbar at any time, using the relevant uninstall procedure, which is as follows: (1) Close all Your web browsers; (2) Click the Windows START button; (3) Select Control panel, and once its window opens select the "Add or Remove Programs" utility (in Windows Vista ? "Programs and Features"); (4) Once the application list loads select "Free Ride Games toolbar" and then click on "Change/Remove". The uninstall process will start immediately and the community toolbar message will appear; (5) Press on the next button. If you are using Mozilla Firefox, the relevant uninstall procedure, is as follows: (1) Click on "Tools" in the navigation menu and select "Add-ons"; (2) Select "Free Ride Games toolbar" and then click the "Uninstall" button.
Note that if You had set Your Internet browser's homepage to Exent's Free Ride Games customized web search page, it will not be changed when you uninstall the Software and/or the toolbar. To change your browser?s homepage to another page of your choice click on the "Tools" button in Internet Explorer and then click on "Internet Options". Set your preferred homepage by selecting the appropriate options on the "General Tab".
Also note that when You uninstall the Software and/or the toolbar, persistent cookies placed on Your computer as described in this Agreement (if any) will remain on Your computer. Should You wish to remove any such cookie, please review Your browser?s "Help" menu.
(b) By installing the ADMUSE? Software You fully agree that: (i) Exent and/or Companies have an irrevocable, assignable right to display advertisements on the Applications, at their sole and absolute discretion without having to receive Your authorization and without any compensation to You; (ii) the timing, frequency, placement and extent of advertising by each of the Companies are subject to change and shall be determined by each of the Companies, at its sole discretion. The frequency of these advertisements (which will be displayed on Your screen) will vary; (iii) your correspondence or business dealings with any third party the products and/or services of whom are promoted using the advertisements found on the Application ("Advertisers"), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Advertiser and each of the Companies does not and shall not have any liability, responsibility in connection thereof and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers' advertisements on the Application; (iv) so long as You have not entirely deleted the Software and all Applications deriving from the Service, from Your computer - not to take any action, including downloading other software, to disable or block the display of the advertisements enabled by the Software; (v) that the Software will collect the non-personally identifiable information described above and that the Companies may use such information for the purposes described in sections 3(a) above, including for research, royalty and targeting purposes.
You agree and acknowledge that the Software may target Ads based on non-personally identifiable information (e.g., geographical location). You agree that the Software will collect the non-personally identifiable information items, including for research, royalty and targeting purposes.
4. CONTAMINATED DATA AND MALICIOUS APPLICATIONS
You hereby acknowledge and understand that by using the Internet and/or the Site and/or the Service (including by mere access) and/or the Software and/or the service provided by the Service Provider and/or any Application and/or Content, You may be exposed to contaminated files, computer viruses, eavesdropping, harassment, electronic trespassing, hacking and other harmful acts or consequences that might lead to unauthorized invasion of privacy, loss of data and other damages. Furthermore, by installing the client side of the Software on Your computer, You understand that: (i) certain system non-personally identifiable information, including statistical data, stored on Your computer will be made available and transmittable to other servers; (ii) other information available now or in the future on the Site and/or Service, including links, services, messages advertisements, cookies and the like, may be installed on Your computer; and (iii) each of the Companies may automatically transmit to and install on Your computer software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to update the Software. You hereby waive any claim, demand and/or other cause of action against Exent and any of the Companies and the Service Providers in respect of the aforesaid.
5. CHANGE OF LICENSE AND SOFTWARE UPDATE
(a) Any one of the Companies is permitted, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionalities of the Service, the Site the Software and/or the Applications, without prior notice.
(b) The Software is designed to check for the availability of Software updates to ensure that You enjoy the latest improvements of the Software. When the Software checks for the availability of Software updates, anonymous information about the Software version and installed components are sent to Exent's web server. The information is used to determine whether new free Software is available for download and is not associated with any personally identifiable information. Each of the Companies may elect in its sole discretion to condition Your use of the Site, the Service, the Software and/or any Application on Your acceptance to software improvements, corrections, adaptations and conversions to more recent Software versions or any other changes to the Software, the Service, the Applications or the Site.
6. SPECIAL NOTICE TO ALASKA RESIDENTS
Unfortunately, according to Alaska's SB 140 Act, users who reside in Alaska may not install the Software. Therefore, by downloading or installing the client side of the Software You declare and represent that Your computer is not located in the state of Alaska. To the extent that it is recognized that Your computer is located in the state of Alaska, Exent and/or the Service Provider will not enable You to download the client side of the Software.
7. TITLE AND OWNERSHIP
(c) The Content used and displayed on the Site, as well as the design and layout of the Site, are the property of the relevant Company or its licensors or its partners, and are protected by copyright, trademark and other laws. In addition, each of the Companies and their licensors control certain rights in individual elements of the Content and/or in the selection, coordination, arrangement and enhancement of such Content. The Content may be displayed and printed solely for Your personal, internal and non-commercial use. You may not reproduce, modify, retransmit, distribute, disseminate, circulate, publish, broadcast, perform or sell any such Content, whether in whole or in part, without the prior written permission of Company or the third party owner of such Content - except for downloadable games and software which are subject to the terms and conditions outlined in their individual End User License Agreements. Except for the foregoing express and limited license, neither Exent nor any of the Companies grant You any right or license in respect of the Site, the Service, the Applications, the Software, the Content or any other products and/or services used, displayed or otherwise made available on the Site. You also may not remove any copyright or other proprietary notices contained in any documents or other Content provided on the Site.
(d) The Software is licensed, not sold. You agree that the Software belongs to Exent, including without limitation all rights, title and interests in and to the Software and all copies thereof, all of which are proprietary and contain valuable trade secrets of Exent. You agree that You neither own nor hereby acquire any claim or right of ownership to the Software, any part thereof or to any intellectual property right embodied in the Software. Any and all modifications or enhancements to the Software by You or Exent remain the sole property of Exent. All applications and advertisements are the property of the applicable owner of such applications and advertisements and are protected by applicable copyright law. This Agreement gives You no rights to such applications or advertisements.
8. NO REPRESENTATIONS OR WARRANTIES
THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT AND THE APPLICATIONS ARE ALL PROVIDED "AS IS" AND ON "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. EXENT AND/OR ANY OTHER COMPANY DOES NOT WARRANT THAT THE SITE, THE SERVICE, THE CONTENT AND/OR ANY OF THE FUNCTIONS CONTAINED IN THE SOFTWARE AND/OR ANY APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE OPERATION OF THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT AND/OR ANY APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS AND/OR INTERRUPTIONS IN THEIR OPERATION WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE, THE SERVICE THE SOFTWARE, THE CONTENT AND THE APPLICATIONS. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR COMPUTER RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT AND/OR ANY APPLICATION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
9. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EXENT, ITS EMPLOYEES, SUPPLIERS, DIRECTORS, LICENSORS, PARTNERS, AGENTS AND/OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, THE CONTENT, THE APPLICATIONS AND/OR THE SOFTWARE, (JOINTLY, "EXENT'S INSTRUMENTS"), (B) THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR COMPUTER, (C) THE INTERRUPTION OR INABILITY TO USE YOUR COMPUTER, OR (D) ANY OTHER MATTER RELATING TO YOUR USE OF ANY OF EXENT'S INSTRUMENTS, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, LOST PROFITS, LOST BUSINESS AND LOST OPPORTUNITY, EVEN IF EXENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, EXENT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE FOREGOING DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IN NO EVENT WILL EXENT'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $5.00.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND EACH OF THE COMPANIES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, CO-BRANDERS AND OTHER PARTNERS, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY ANY OF THE COMPANIES, DUE TO OR ARISING OUT OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH ANY OF EXENT'S INSTRUMENTS, YOUR USE OR MISUSE OF ANY OF EXENT'S INSTRUMENTS, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THIS AGREEMENT, AND/OR YOUR VIOLATION OF ANY RIGHT OF ANY THIRD PARTY.
11. EXPORT CONTROL
The Software is controlled by certain export laws and regulations. The Software may not be exported or re-exported to any country or person to which the United States prohibits the export of goods, technology or services. By downloading the Software, You are (a) representing that You are not a national of any country to which the United States prohibits the export or re-export of goods, services or technology; and (b) agreeing to fully comply with all the export and re-export restrictions, laws and regulations of any such authority (iii) committing not to transfer, or authorize the transfer of, the Software to a prohibited country or otherwise in violation of any such restriction or regulations.
12. TERMS AND TERMINATION
The license for the Software shall be effective from the date You download the Software until the date of termination. This Agreement will automatically terminate (i) if You fail to comply with any term hereof; (ii) upon its termination by Exent and/or by any service Provider, for any reason; or (iii) upon termination of the Service. No notice shall be required to effect such termination. Upon such termination You shall immediately discontinue use of the Software. Your obligation to pay charges and fees shall survive any termination of this Agreement.
13. INTERNET PROTOCOL ADDRESS
An Internet Protocol ("IP") address is a set of numbers that is automatically assigned to Your computer each time You connect to the Internet. When You use Your web browser to request a web page from another computer on the Internet or when You use the Software and/or the Applications, Your web browser and/or the Software automatically gives that computer Your IP address so that the data You request can be sent to Your computer. For many users who access the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time they log on ("dynamic" IP addresses); others (usually such who access the Internet with broadband ISPs) may be assigned only one IP address that remains the same from session to session ("static" IP addresses).
(a) This Agreement shall be governed by the laws of the state of New York.
(b) This is the complete and exclusive agreement between You and Exent with respect to the subject matter of this Agreement, and it supersedes any agreement, oral or written, and any other communication between You and Exent relating to the subject matter of this Agreement.
Information We Collect:
· Generally, we do not collect Personally Identifiable Information ("PII") without specific permission from you. However, we may require that you provide us with certain PII, such as your email address, as a condition for you accessing and/or using certain parts of the Site, including downloading of the software upon which the Site is run (the "Software"). If you choose to do so, such PII may be collected by, and/or transferred to, any third party service providers and advertising companies and Exent's customers (collectively - "the Companies", and each - a "Company"). In any event, we will not knowingly collect any PII from children 13 years old and under. For any inquiries concerning collected PII please address: Exent Technologies Inc., 115 Sansome St, Suite 500, San Francisco, CA 94104, Email: firstname.lastname@example.org. Should you become aware of any material inaccuracy in collected PII, please send a detailed notification thereof to: email@example.com, specifying the accurate information.
· Each of the Companies may gather certain non-Personally Identifiable Information ("Non-PII") about you and/or your usage of the Site, the Service and/or any part thereof, including the pages you visit on the Site, advertisements seen in any third party software application ("Application"), any progress you made in any game and/or other applications, zip code, age etc. The Non-PII gathered and tracked will not be used by the Companies to attempt to identify you personally. Exent and/or any of the Companies may, however, use it for effective advertising on the Site and/or on any of the Applications. If you would like more information about this practice, and to know your choices about not having the Non-PII used by the Companies, click here.
· Each of the Companies may employ other companies and individuals to perform functions on their behalf, such as technical support services. To perform those functions, it may be necessary for them to obtain access to each of the Companies' databases and servers, which may contain PII about users.
· Information about the advertisements you watch, on the Site and/or on any Application, may also be collected. For every advertisement you view while using an Application the Software transmits and stores the following information from your computer: Your IP Address, which may include a domain name; the name of the game in which the advertisement appeared; the location, size, display time and display duration of the advertisement in the game; other information about the advertisements and about the game session; and the date and time the above information is logged.
· Collection and Use of registration and usage Information: Each of the Companies will collect data regarding the Applications you use, how long you use them and in which ways you use them (collectively, your "Usage Information"). You acknowledge that the relevant third party service provider has agreed to provide your Usage Information to each of the Companies (without specifically identifying you). You agree that each of the Companies may use your Usage Information, inter alia, by aggregating it with the Usage Information of other users of the Software to provide general statistics about applications within on-demand services.
· Invite a Friend: If you choose to use our referral "Invite a Friend" service to tell a friend about the Site, we will ask you for your friend?s name and email address. We will then send your friend a single invitation, by email (to the email address you provided us with), inviting him or her to visit the Site. We store said information (but do not share it with a third party) solely for the purposes of sending said one-time invitation by email and of tracking the success of our referral program. However, pursuant to your friend's request we may later send him or her additional notices, such as our periodic newsletter.
3. How we use the information we collect:
· The information is collected for the primary purpose of enhancing your experience of using the Site, e.g., to respond to your inquiries about our services, to offer you Applications or other products, programs and/or services that we believe may be of interest to you, etc.
· We may sometimes use the information that we collect to communicate with you, such as to notify you of changes we made to the Agreement or to contact you about your account with us.
· We sometimes use the information that we collect to improve the design and content of the Site and to enable us to personalize your experience. Each of the Companies may also use this information in the aggregate to analyze site usage and share such information with third parties for purposes of managing and targeting advertisements and/or for market research analysis.
4. How we protect the information we collect:
Exent's data networks are secure and protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary. We allow only authorized individuals access to information provided by users of the Site. Secure Socket Layer or SSL encryption is used to transmit sensitive data.
· The Site may contain links to other sites whose information practices may be different than ours. You should consult the other sites' privacy policies as we have no control over information that is submitted to, or collected by, these sites.
· In the event that a Company or Exent, or substantially all of their assets, are sold or acquired, the Site and/or all information collected by the Site, as applicable, would be transferred to the acquiring party.
· You agree that any information you provide to Exent and to any Company, including, without limitation, any information you provide to any of the companies when you use the Site and/or use and/or register to the Service, shall be accurate and truthful.
· CHILDREN 13 AND UNDER - If you are thirteen years old or younger, we will not collect, store or use your PII. In addition, parents or guardians of children at any age should be aware that the Site is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Site is inappropriate for your child.