Ghostery Terms of Service
These Terms of Service (“Terms”) constitute a legally binding agreement
between you and Ghostery ("GHOSTERY"). The Terms govern your
use of GHOSTERY’s websites, web service API or other online services
(all collectively “Services”), or of the add-on software (“Software”
– for the sake of clarity, the Software is not a part of “Services”).
By accessing or using the Services or Software, you agree to be bound
by the Terms. You agree that the Terms are like any written negotiated
agreement signed by you. If you do not agree to the Terms, do not use
the Services or Software.
You represent and warrant that you are
at least 18 years of age or otherwise able to enter into a legally binding
contract.
Proprietary rights
The Services and Software are protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. GHOSTERY or its licensors shall retain ownership in and to
the Services (excluding the Content) and Software, and to all related
intellectual property rights, including without limitation trademarks,
trade names, database rights and patents. You are granted only a limited
right to use the Services and Software subject to the Terms.
Grant of license
GHOSTERY hereby grants to you and you fully accept, upon delivery, a
personal, limited, non-exclusive and non-transferable right to use the
Services. This license enters into force through aforementioned procedure
and no title shall pass to you. In addition to the license granted in
this section, you shall have the right to access the Services in accordance
with the Terms. The license does not allow you to use GHOSTERY name,
GHOSTERY trademarks or other commercial symbols. All rights and licenses
not expressly granted to you under this agreement shall be retained
by GHOSTERY.
You shall also have a personal, limited, non-exclusive, non-commercial
and non-transferable right to use the Software in connection with your
use of the Services. In case you wish to use the Software and/or web
service API as a part of your own application or to redistribute and
modify the Software, separate terms and conditions apply.
Content in the Services
All content (“Content”) submitted to or available through the Services
is the sole responsibility of the person who originated the Content.
By submitting, posting, or displaying Content through the Services,
you give GHOSTERY a right to use such Content as a part of the Service.
GHOSTERY does not control, monitor, or have any detailed knowledge of
the Content and other information presented and received through the
use of the Services. Therefore, you may be exposed to information that
is erroneous, indecent or otherwise objectionable. GHOSTERY shall not
be liable for the Content and other information spread or delivered
through or in connection with the Services. You agree that you shall
bear all risks associated for the use of such information.
By providing the Services, GHOSTERY does not recommend any single website
or web service. The website ratings provided in connection with the
Services may not be accurate as they are based on subjective evaluations
of the users. GHOSTERY makes no representations or warranties about
the suitability, reliability, and accuracy of such ratings. For the
avoidance of doubt, GHOSTERY shall always have the right to remove any
Content from the Services.
Obligations and restrictions
You agree that any information you may give to GHOSTERY as the user
of the Services or Software are accurate and up to date. You agree to
use the Services and Software only to lawful purposes and you shall
at all times comply with all applicable laws and regulations governing
the use of the Services and Software. You will explicitly agree not
to abuse the rating system.
You shall not distribute, sell, rent, lease or by any commercial means
use the Services or otherwise transfer for value the Services or the
Content. You agree not to challenge GHOSTERY's rights in or otherwise
attempt to assert any rights in the Services, except those provided
under the Terms. You agree not to use the Services except as expressly
permitted under these Terms.
The Services or the Content may not be used in any way, which is harmful
or otherwise offensive for GHOSTERY, other users of the Services, or
third parties.
Privacy
GHOSTERY is committed to the protection of privacy of the users of the
Services. GHOSTERY handles and stores personal information only in connection
with the registration to the Website. All other personal information
including without limitation IP addresses are made anonymous before
any use (see the Privacy Policy for further details). You acknowledge
that the Software will contact GHOSTERY and send limited information
about the websites you visit to GHOSTERY’s databases.
No warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW GHOSTERY MAKES NO
WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED WITH RESPECT TO
THE SERVICES OR THE SOFTWARE, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES AND SOFTWARE
ARE PROVIDED "AS IS" AND YOU ARE ASSUMING THE ENTIRE RISK
AS TO THEIR QUALITY AND PERFORMANCE.
You understand and acknowledge that GHOSTERY will not be liable for
network-related problems attributable to the operation of the Services
or Software and that network configuration changes may affect the Service’s
and Software’s performance.
Limitation of liability
YOU EXPRESSLY AGREE THAT THE GHOSTERY SHALL IN NO EVENT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND
GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, THE
SOFTWARE OR THE CONTENT, even if advised of the possibility of such
damages. In particular, and without limitation, GHOSTERY shall have
no liability for any information stored or processed with the Services
or Software, including the costs of recovering such information. Your
only right or remedy with respect to any problems or dissatisfaction
with the Services or Software, is to uninstall the Software and cease
use of the Services.
GHOSTERY SHALL NOT BE LIABLE FOR THE VALIDITY AND CORRECTNESS OF THE
CONTENT PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES
OR SOFTWARE. ANY USE OF THE ADVICE, RATINGS OR INFORMATION OBTAINED
THROUGH THE USE OF THE SERVICES AND SOFTWARE SHALL BE DONE AT YOUR OWN
DISCRETION.
Support
GHOSTERY shall have no obligation to provide support or maintenance
for the Services or Software under this agreement. However, GHOSTERY
may, at its sole discretion, provide limited technical support, upgrades
and updates for the Services or Software.
Termination
Your right to use the Services continues until this agreement is terminated.
GHOSTERY may terminate this agreement and your use of the Services at
any time, without cause and without notice. You may terminate this agreement
at any time by uninstalling the Software and ceasing the use of the
Services. This agreement will automatically terminate if you fail to
comply with the Terms. Upon any termination, you agree to stop using
the Service. You will not be refunded any part of Services, Software
or license fees, if any.
Provisions of sections No warranty, Limitation of liability, and Termination
shall survive any termination of this agreement.
Severability
If any of the terms, or portions thereof, of these Terms are invalid
or unenforceable under any applicable statute or rule of law, the court
shall reform the Terms to include an enforceable term as close to the
intent of the original term as possible; all other terms shall remain
unchanged.
Waiver
The waiver or failure of GHOSTERY to exercise in any respect any right
provided for in the Terms shall not be deemed a waiver of any further
or future right under the Terms.
Assignability
GHOSTERY may freely assign and transfer this agreement to any third
party.
Governing law and dispute resolution
These Terms shall be governed by and shall be construed in accordance
with the laws of the State of New York excluding its choice of law rules.
All disputes relating to these Terms shall be settled in the courts
located within the county of New York, in New York State.
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