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