Effective: February 15, 2017
BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS.
6.1 No Commercial Use. Any use by you of the Website other than for private, non-commercial use is strictly prohibited without the express, written consent of the Company. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Website, use of the Website, access to the Website, or content obtained through the Website, for any purpose other than for your personal, private, non-commercial purposes unless you have received prior written approval from Ghostery.
6.2 No Harassment or Unauthorized Data Collection. You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Website, or collect, or attempt to collect, personal data about Users or third parties without their express written consent.
6.3 No Malware and Quiet Enjoyment. You agree not to intentionally interfere with or damage, impair or disable the operation of the Website or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
6.4 No Rights or Copyright Circumvention. You agree not to remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website.
6.5 No Unauthorized Access. You agree not to attempt to gain unauthorized access to the Website, or any part of it, other accounts, computer systems, or networks connected to the Website, or any part of it, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.
6.6 No Modifications of the Website. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form, nor to use modified versions of the Website, including, without limitation, for the purpose of obtaining unauthorized access to the Website.
6.7 No Scraping. You agree that You will not use any robot, spider, scraper, or other automated means or technology to access the Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
6.8 No Framing or Other Misappropriation. You agree not to utilize framing techniques to enclose any trademark, logo, or other Intellectual Property without our express written consent. You agree not to use any meta-tags or any other “hidden text” utilizing the Company’s name or trademarks without our express written consent.
6.9 No Improper Linking. You will promptly remove any links that the Company finds, in its sole discretion, to be objectionable. You agree not to use any Company logos, graphics, or trademarks as part of the link without our express written consent.
6.10 No Spam. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
6.11 No Reverse Engineering. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
6.12 No Modifications or Derivatives. You agree not to modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
10.1 “As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, CONTENT, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
10.2 Website Operation and Content. THE COMPANY, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE COMPANY’S MATERIALS, USER SUBMISSIONS, WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
10.3 Accuracy. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
10.4 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE (INCLUDING RSS FEEDS) IS AT YOUR OWN DISCRETION AND YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE, ACCESS, DOWNLOAD OR ANY OTHER USE OF SUCH MATERIAL OR DATA.
11.1 Cap to Damages. IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
12.1 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED USE OF ITS WEBSITE, AND HAVE ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Please consult Your legal counsel or see 17 U.S.C. § 512 to confirm these requirements.
The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and the Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. It is the Company’s policy to respond promptly to notices of alleged infringement that comply with the DMCA.
The Company’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Ghostery, Inc, 49 W 23rd Street, 7th Floor, New York, New York 10010, Attention: Legal Department, or by electronic mail at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability.
14.1 Notice. The Company may provide you with notices, including those regarding changes to the Company’s terms and conditions, by postings on the Website, via electronic mail, or by U.S. mail. Notice sent via e-mail will be deemed given twenty-four hours after such e-mail is sent, unless Ghostery is notified that the electronic mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Website. In such case, notice will be deemed given three days after the date of mailing.
14.2 Choice of Law and Forum. Any disputes arising between you and the Company will be governed in all respects by the laws of the State of New York and any claim or dispute shall be brought in the exclusive jurisdiction of the federal or state courts located in New York, New York.
14.3 Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
14.4 Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
14.5 Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned, in whole or in part, by the Company without restriction. Any assignment attempted to be made by You in violation of these Terms shall be void.
14.6 No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between You and the Company as a result of these Terms or use of the Website.
14.7 Survival. Notwithstanding the expiration or termination of these Terms, it is acknowledged that those rights and obligations by their nature are intended to survive such expiration or earlier termination will survive.
14.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
14.9 Entire Agreement. This is the entire agreement between You and the Company relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
14.10 Disclosures. The services hereunder are offered by the Company, located at 49 W 23rd Street, 7th Floor, New York, New York 10010. You may contact us at this address or by electronic mail at email@example.com. If you are a California resident, you may have this same information electronically mailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.