MyStartab End User License Agreement
[Last Updated: 10 July, 2016]
Imali N.I Media LTD. (the "Company" or "us" or "our" or "we") are pleased to provide you with our downloadable search applications or extensions known as "MyStartab" ("Browsing Product(s)" or "Product") available at https://chrome.google.com/webstore/detail/enmhcokblldpdnbcgaklioplhncdjemc. This End User License ("Agreement" or "EULA") is a legal binding agreement between you ("user" or "you") and the us when using, accessing, installing or downloading the Browsing Products. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE PRODUCTS.
The Company may amend these terms from time to time. If you do not agree with any amendment, you must discontinue using the Browsing Products.
Subject to your compliance with the terms and conditions of this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sub licensable, non-transferable license (without the right to sub-license), to access, download and install the most current generally available version of the Browsing Products (including all updates thereto) solely for 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.
RESTRICTIONS OF USE
User shall use the Browsing Product in compliance with all applicable laws and not for any purpose other than the Purpose. You will install the Browsing Product only in accordance with the instructions of the Company. Except as expressly provided under the Agreement, you may not, nor may he enable anyone else to, directly or indirectly: (i) use or display the Browsing Product together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating; (ii) commercially distribute, rent, lease, market, sublicense, resell or otherwise transfer the Browsing Product or any portion thereof; (iii) copy or modify decompile, disassemble, create any derivative works or reverse engineer the Browsing Product or any portion thereof including in cases it is made available with any other software, product or program, (iv) remove any identification, including copyright, trademark, patent or other notices, contained in or in connection with the Browsing Product; or (v) use the Company's name, logo or trademarks without its prior written consent; or (vi) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Licensed Application, or to manipulate the Licensed Application in any manner not consistent with its or their intended purpose(s). For avoidance of all doubt, Company reserves all rights not expressly granted in this EULA, and disclaims any implied license, including implied licenses to copyrighted materials, trademarks or patents. At any time, the Company according to its sole discretion may terminate User's ability to use the Browsing Product or any portion thereof (including content or services provided through therein).
BROWSING PRODUCT SERVICES
The Browsing Products allow you to enjoy various features, functionalities and services, including without limitation, shortcuts and bookmark manager, task manager, "to do" list, social manager, beautiful wallpapers, dials and icons with the most popular sites, media slider, social search, etc. (collectively, the "Browsing Product's Services"). The Browsing Product Services are provided by the Company and third party suppliers and affiliates who offer the content and services in conjunction with or through a Browsing Product ("Third Party Partners"). The Browsing Product Services may be provided via within your browser (which may include both your active browser and any other compatible Internet browser(s) resident on your computer), or within separate browser windows displayed over or under your principal browser window or by other means. Browsing Products Services may provide you with Internet search functionalities (for example, via a search box located within the Browsing Product itself) through you New-Tab function, all without changing you search settings and homepage.
THIRD-PARTY SERVICES AND CONTENT
The Browsing Products may integrate, be integrated into, or be provided in connection with third-party services, feeds or content including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials provided by Third Party Partners ("Third Party Content"). If you install a Browsing Product that includes Third Party Content which are subject to such Third Party Partners' terms of services and privacy policies, which may be found on the relevant Third Party Partners' website. Browsing Products may provide access to search results or other links to third party websites or resources. We have no control over such sites, content and resources, in which you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse nor responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Notwithstanding the above, we will make best efforts to monitor and review the Third Party Content to ensure you enhance our service. You further acknowledge and agree that the Company 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 Third Party Content, including any goods or services available on or through any such site or resource.
You acknowledge and agree that the Browsing Product may provide you with Third Party Partners' Content (as specified above) which includes copyrighted material, trade secrets, patents (registered or pending), designs, information, methods, specifications, graphics, text, logos and other proprietary material ("Intellectual Property"). 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 content. Nor may he 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 Browsing Product and all content provided therein or therewith (including all products and services). 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. The Company respects and expects its users to respect the rights of copyright holders. On notice, we will act appropriately to remove content that infringes the copyright rights of others. We reserve the right to disable the access to Browsing Products or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe a Browsing Product, or elements, infringe your copyright rights, please contact Company's Copyright Agent at: email@example.com
Please ensure you communication includes the following: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We reserve the right to remove any Third Party Service or Third Party Content, including any user generated content if applicable, in our sole discretion.
Limitation of Liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE BROWSING PRODUCT AND ANY SERVICES, CONTENT (INCLUDING THIRD PARTY CONTENT AND THE BROWSING PRODUCT SERVICES) 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 BROWSING PRODUCT MAY INCLUDE INACCURACIES OR ERRORS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT DISPLAYED ON THE BROWSING PRODUCT INCLUDING TO THE PRODUCTS AND SERVICES OFFERED VIA THE BROWSING PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BROWSING PRODUCT AND ANY SERVICES, PRODUCT OR CONTENT PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BROWSING 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. THE COMPANY DOES NOT WARRANT THAT THE BROWSING PRODUCT AND ITS SERVICES WILL MEET THE USER'S REQUIREMENTS. IF THE USER IS DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE BROWSING PRODUCT OR WITH THE TERMS OF THIS EULA, HIS SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE BROWSING PRODUCT AND ANY SERVICES PRODUCT AND CONTENT PROVIDED THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
User shall defend, indemnify, hold harmless, and defend the Company, its officers, directors, shareholders, employees, sub-contractors, agents and distributors or any third party providing content or services in the Browsing Product, or in connection thereto, from and against any claims, losses, debts, obligations, liabilities, costs or expenses (including but not limited to reasonable attorney's fees) arising from or incurred as a result of, related to or are based on (i) User's use of the Browsing Product or the content or services provided by third party therein, therewith or in connection thereto (ii) violation of the EULA or the Private Policy. (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Browsing Product (including your violation of any third party rights) (iv) any claims for damages arising out of any decision made or action taken or not taken in reliance on the Content. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnification obligation will survive the termination or expiration of the EULA and the termination of the User's use of the Browsing Product.
The Browsing Products and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Browsing Product, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. Browsing Products Updates (as defined below). We reserve the right to add or remove features or functions to existing Browsing Products. When installed on your computer, the Browsing Products periodically communicates with our servers. We may require the updating of the Browsing Products on your computer when we release a new version of the Browsing Products, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Browsing Products. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Browsing Products.
Company and user may terminate this Agreement at any time in its sole discretion, if you want to terminate the Agreement please uninstall and remove the Product and cease using the Browsing Product Services immediately. To uninstall the Product please use your browsers' settings and remove the extension with one click. Any applicable provisions shall survive termination.
The Company and Third Party Partners may use a variety of cookies or other tracking technologies that automatically (or passively) scan and collect certain information whenever you visit or interact with the Browsing Product, including, without limitation, the Third Party Services (and the referral URL, coupons, offers, sales and other discounts accessed provided therein), information about the Company's Privacy practices is available at the http://mystartab.com/privacy.
This Agreement shall be governed by the laws of the State of New York. The competent courts located in Manhattan, New York shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts.
If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from the EULA and not affect the validity and enforceability of any other provisions.
If you have any questions about this EULA or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows:
Owned and operated by: Imali N.I Media LTD, Tel-Aviv, Israel 6971006
Contact us via e-mail: firstname.lastname@example.org