Ghostery Website Terms of Use Agreement

Last Modified and Effective as of: December 12, 2013

Welcome to the website, www.ghostery.com (the “Website”), which is owned by Evidon, Inc. (www.evidon.com). The Terms of Use Agreement (the “Terms”) creates a legal contract between you and Evidon regarding your use of the Website. Throughout these Terms, “Evidon” and “We” refers to Evidon, Inc. and its affiliates “You” or “Users” refers to you and all users who visit, use, post to or otherwise access the Evidon Website including those who act on behalf of a business or other entity.

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS.

  1. Eligibility. You represent that you are 18 years of age or older and are fully able and competent to enter into a contract and otherwise abide by these Terms.
  2. Privacy Statement. You expressly consent to the information practices described in the Ghostery Website Privacy Statement, which is incorporated into and is subject to the Terms.
  3. Modification of the Terms. Evidon reserves the right to change these Terms at any time without notice to you other than through posting such modified Terms on the Website. Check these Terms periodically for changes. Your continued use of the Website after the posting of changes to the Terms means you agree to these changes.
  4. Website Access. Evidon grants you permission to use the Website as set forth in these Terms, provided that: (1) you use the Website solely for your personal, private, and noncommercial use; (2) you do not copy, publicly display, or distribute any part of the Website in any medium without Evidon’s prior written authorization; (3) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes (4) you do not engage in any of the prohibited uses described below; and (5) you will otherwise fully comply with these Terms and any and all applicable laws.
  5. Ownership; Proprietary Rights. The Website is owned or otherwise used with permission and operated by Evidon. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Website that are provided by Evidon is Evidon’s intellectual property (“Intellectual Property”) and is protected by United States laws and all other relevant and applicable intellectual property and proprietary rights and laws.
  6. Prohibited Uses. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms. Access to the Website from territories where access or use thereof is illegal is strictly prohibited.
    1. No Commercial Use. Any use by you of any of the Website other than for private, non-commercial use is strictly prohibited without the express, written consent of Evidon. 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 approval from Evidon.
    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 information about users or third parties without their consent.
    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.
    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.
    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. 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.
    7. No Scraping. You agree that you will not use any robot, spider, scraper, or other automated means 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.
    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 Evidon’s name or trademarks without our express written consent.
    9. No Improper Linking. You will promptly remove any links that Evidon finds objectionable in its sole discretion. You agree not to use any Evidon logos, graphics, or trademarks as part of the link without our express written consent.
    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.
    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.
    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.
  7. Availability of Service. Evidon may make changes to or discontinue any of the products, services, or functionalities of the Website at any time, and without notice. You agree that any changes to or discontinuation of the Website by Evidon will be without liability to you.
  8. Feedback. If you are dissatisfied with the Website, please let us know by electronic mailing us at feedback@evidon.com. Your input is valuable to us. You may terminate these Terms at any time by discontinuing your use of any and all parts of the Website.
  9. Indemnification; Hold Harmless You agree to indemnify and hold harmless Evidon, and its parent, subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), its suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt, and expenses (including attorney’s fees) arising out of: (1) your misuse of the Website (2) your violation of these Terms; (3) your violation of the rights of any other person or entity, and (4) your breach of the foregoing representations, warranties, and covenants. Evidon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Evidon. Evidon will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
  10. Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVIDON AND ITS AFFILIATES,DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVIDON OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 19, THE TERM EVIDON INCLUDES EVIDON’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES, AND SUBCONTRACTORS.
    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.
    2. Website Operation and Content. EVIDON, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE EVIDON 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.
    3. Accuracy. EVIDON 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.
    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. Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EVIDON OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE ANY USER SUBMISSIONS OR ANY REFERENCE SITES, THE WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH EVIDON, EVEN IF EVIDON OR A EVIDON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    1. Limitation of Damages. IN NO EVENT SHALL EVIDON 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 THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID TO EVIDON IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
  12. Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
    1. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT EVIDON HAS OFFERED USE OF ITS WEBSITE, WWW.GHOSTERY.COM, 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 EVIDON, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EVIDON. YOU ACKNOWLEDGE AND AGREE THAT EVIDON WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
  13. Digital Millennium Copyright Act If you are a copyright owner or an agent thereof, and you believe that content appearing on the Website infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Evidon’s Designated Copyright Agent with the following information in writing:\n a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;\n identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;\n identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Evidon to locate the material;\n information reasonably sufficient to permit Evidon to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;\n a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and\n a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).\n Please consult your legal counsel or see 17 U.S.C. § 512 to confirm these requirements.\n Evidon does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Evidon 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 Evidon’s policy to respond promptly to notices of alleged infringement that comply with the DMCA. In addition, Evidon will promptly terminate without notice the accounts of Users that are determined by Evidon to be “repeat infringers.” A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.\n Evidon’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Evidon, Inc. 10 E. 39th Street, 8th Floor, New York, NY 10016 or by electronic mail at legal@evidon.com. For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support, or other communications should be directed to Evidon customer service through support@evidon.com. 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 may be subject to liability.
  14. Miscellaneous
    1. Notice. Evidon may provide you with notices, including those regarding changes to Evidon’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 Evidon 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.
    2. Dispute Resolution, Choice of Law and Forum. Except for disputes alleging a violation of the Sage Harbor Principles, any disputes arising between you and Evidon, 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.
    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 Evidon to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
    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.
    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 Evidon without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void.
    6. No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Evidon as a result of these Terms or use of the Website.
    7. Survival. Notwithstanding the expiration or termination of these Terms, it is acknowledged that those rights and obligations that by their nature are intended to survive such expiration or earlier termination will survive,
    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.
    9. Entire Agreement. This is the entire agreement between you and Evidon 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. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Evidon as set forth in Section 4 above.
    10. Disclosures. The services hereunder are offered by Evidon, Inc., located at 10 E. 39th Street, 8th Floor, New York, NY 10016. You may contact us at this address or by electronic mail at support@evidon.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.