PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY SHALL GOVERN YOUR USE OF THE INCREDIBAR SOFTWARE AND SERVICE. IF, AFTER READING THESE TERMS AND CONDITIONS, YOU WISH TO USE THE SERVICE AND SOFTWARE PLEASE INDICATE YOUR ACCEPTANCE HEREOF BY CLICKING "I AGREE" AT THE END.
END USER LICENSE / TERMS OF SERVICE AGREEMENT
1. TERMS AND CONDITIONS
The Incredibar product and any accompanying product and/or feature and/or addition thereof (together, the "Service") and the software enabling the use thereof (the "Software"), are provided by Perion Network Ltd. and/or its affiliates and subsidiaries (collectively the "Company" or "we") to you ("you" or "your") and others who use the Service and Software (collectively "User" or "Users"), subject to these terms and conditions and all modifications thereto including all rules that may be published from time to time by the Company ("Terms and Conditions" or "Agreement"). This Agreement shall also govern your use of the Site currently located at www.incredibar.com (the "Site").
1.1 GENERAL TERMS
Your use of the Software and Service, including any content and software contained therein, signifies your understanding and agreement that such use is entirely at your own risk. You agree to use the Software and Service solely for your personal, non commercial use. The Service is provided to any user who agrees to be bound to this Agreement and by additional terms that shall be added by the Company from time to time.
You agree not to transfer or resell the Service or the Software, in whole or in part, to any third party, or allow unauthorized access to the Service or Software, by any third party. You agree to provide true, accurate, current and complete information about yourself as required in the Registration Form that appears when installing the Software. If any information provided by you is untrue, inaccurate, not current or incomplete, the Company may terminate your use of the Service.
1.2 CHANGES IN TERMS AND CONDITIONS
The Company may change these Terms and Conditions from time to time and at any time, as well as block any of the features included within the Incredibar, with or without a release of a new version of the Software, and without actual notice to you. The Company will provide you with notice of any change of the terms of this Agreement. You agree that your continuing to use the Software and Service after such notice has been sent to you for the first time, shall constitute your consent to the new or revised set of Terms and Conditions.
2. YOUR ACCESS
You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Software and the Service and for any telephone charges associated with connecting to the Internet to use the Service.
2.1 SPECIAL NOTE REGARDING THE SOCIALFEATURES ON INCREDIBAR
2.1.1 The Service may include a link to Facebook websites (“Social Feature “). Users of the Social Feature will be able to read and post comments or status updates to and from Facebook, send links to your friends, share content that appeared in the Facebook section of Incredibar, see their friends’ and their own events, set favorite profiles, see the most recent pages they viewed in on Facebook, share emails content via Facebook, automatically synchronize your address book with your Facebook friends, upload photos to Facebook, and download and search photo albums. Please note that You will be able to customize the features that appear and/or allowed on Incredibar on Facebook only through your account on FaceBook. The Service may include links to games that allow you to play with other players, known and/or unknown to you (“Social Games”).
2.1.2 By using the Social Feature and/or Social Games, you consent to the following terms:
188.8.131.52 The use of the Social Feature and/or Social Games shall be entirely at your own risk and shall be done at your sole discretion;
184.108.40.206 Without derogating from the above mentioned and any other term of this Agreement, you hereby represent and warrant that you will use the Social Feature and/or Social Games solely for lawful purposes. In this respect you may not, without limitation: (a) use the Social Feature and/or Social Game to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; (b) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; (c) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (d) violate any applicable law, regulation or the proper use terms included within this Agreement.
2.1.4 Without derogating from any term of this Agreement, the use of the Social Feature and/or Social Games shall be limited to non-commercial use, and the Company will not be liable to any and all infringement of any third parties’ rights, including without limitation all types of copyright and/or privacy rights.
2.1.5 The Company reserves the right to stop, partially or completely, at its sole discretion, for any reason whatsoever the provision of the Social Feature and/or Social Games from the Incredibar, without providing any notice to you.
3. AUTHORIZED PERSONS
You are responsible and liable for any activity by any person who uses the Service through your user name and password. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree to immediately notify the Company of any unauthorized use of the Service or any other breach of security known or suspected by you.
4. SOFTWARE LIMITED LICENSE AND USE POLICY
The Software that will enable you to use the Service may have been downloaded from the Company’s Site or another authorized web site. If you have downloaded the Incredibar product - you acknowledge that no payment was made by you for the Software, regardless of the method of delivery, and if payments were made, they were made for other equipment, products or services and not for the Software. To ensure the proper functionality and security of the Service always make sure you are using a current and authorized copy of the Software.
The Software is being licensed to you by the Company on an "AS IS" basis, for your private personal, non commercial use only. Except as expressly permitted hereunder, you agree not to extract or harvest any information from any portion of the Service, including without limitation, from any User Profile, or any other portion of the Service, or to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with the Software, or any information available on, derived or extracted from the Service or any part of the foregoing. The Company may, at its sole discretion, modify, limit, deny, or create different levels of use for different users, or cancel some or all of the functionality of the Software or the Service at any time, without prior notice.
5.1. During the installation process of the Incredibar toolbar, the Company will
offer you to accept the Company’s search service as your default search service,
to set the Company’s search service web page as your home page, powered by Google®
or by any other search service provider. You can choose not to accept these changes.
If you accept such offer, the Incredibar installation program will change your browser
home page to the Company’s search service web page and your default search service
to the Company’s search service.
5.2 The Company may change from time to time, without notifying you: (1) the content, design or layout of the search service web page; and/or (2) the search service provider to other search service provider.
5.3 You may uninstall the Incredibar installation at anytime by using “Add or Remove Programs” dialog under the Control Panel, or from the Start Menu at your desktop under “Programs”.
5.4 You may change your default search service provider and your home page at any time by following the instructions available on our Help Center, located in: http://help.incredimail.com/incredimail/help_center/help_article.aspx?article_id=325&lang_id=9 .
When you use the Service, we may collect any personal information you have made visible to "Everyone" on Facebook as well as the information Facebook designates as your publicly available information. This includes your:
(together, "Personal Information")
When first using the Service, you will also be asked to grant us access to additional Personal Information that you are allowed to share under Facebook’s policies. Such Information may include, among the rest:
· items you have "liked"
· your profile information
Even if you have not explicitly allowed us access to any of your Personal Information, we may collect information about you when your friends on Facebook allow access to and use the Service, subject to your Facebook settings. User's friends' data will only be used in the context of the user's experience on the application. We may also send you emails and post items on your Facebook Wall in connection with your use of the Service.
When a user visits the Social Feature, if they have not given explicit permission by authorizing our Facebook app or directly providing information to the Social Feature, we will only use information obtained from Facebook and the user's interaction with the page on Facebook in connection with the Social Feature.
You may stop the Service from using your Personal Information at any time by (i) uninstalling the Social Feature; (ii) setting your Facebook privacy settings to prevent the Service from accessing your Facebook Information through your friends; or (iii) by deleting your Facebook account.
7. PROPER USE; CONTENT
7.1 You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the Service; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; (v) interfere with, damage, disable, overburden, impair or disrupt in any way the Service, (vi) use the Service, for "spamming", (vii) - Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of the Service. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within a Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements. or (viii) act in any way that violates the Service policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
The Company shall not be liable for content that you and others make available when using the Service and you shall have the sole liability for such content and for sharing such content in public areas, including without limitation for any claim of breach of intellectual property right and\or privacy right.
Please note that when allowing others to access your content, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate the content to others.
You understand that We may need, and you hereby grant us the right, to use, modify, adapt, reproduce, distribute, and display content posted on the Service solely to the extent necessary to provide the Service.
The Company has the right refuse to publish your content and\or remove it, for any or no reason at any time.
The Company does not have any obligation to back up any of your content and has a right to permanently delete your data from our servers if the Service is cancelled and\or terminated according to these terms and conditions. Data that is deleted may be irretrievable and you hereby waive any future claim regarding any such deletion of data.
The Company uses the services of a third party company to help it measure the effectiveness of its advertising and how visitors use this Site. To do this, the Company uses Web beacons and cookies provided by a third party company on the Site. The type of information the Company collects includes the pages visited, the product codes and prices that visitors purchase and coupons that were used during purchase.
9. INTELLECTUAL PROPERTY RIGHTS
As between the Company and you, the Company is the sole owner of the Software, Service and Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions you may not download or save a copy of the Software, Service or Site or any portion thereof, for any purpose. All title and intellectual property rights in and to the content of any third party web site which may be linked to or viewed in connection with the Service is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except as allowed by such third party.
10. UNSOLICITED MATERIALS
Any unsolicited materials submitted or sent to the Company, will be deemed to be not confidential or secret. By submitting or sending information or other material to the Company you:
a) Warrant that you have all rights of any kind to the material and that to the best of your knowledge no other party has any rights to the material;
b) Unless stated specifically otherwise therein, grant the Company an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material, and you further agree that the Company is free to use any ideas, know-how, concepts or techniques you send us for any purpose, without any compensation to you or any other person.
11. DISCLAIMER OF WARRANTIES
THE SOFTWARE, SERVICE AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS, FOR THE AVOIDANCE OF DOUBT (ON BEHALF OF ITSELF, ITS SUBSIDIARIES, ITS PARTNERS, AND ITS AFFILIATES) OF ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE, SERVICE OR SITE ; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE, SERVICE OR SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT (1) ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE, AND THAT (2) THE FUNCTIONS OR SERVICES PERFORMED AND/OR PROVIDED BY THE COMPANY, ITS SUPPLIERS AND ITS AFFILIATES, IF APPLICABLE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE, AND THE SERVICE, WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SOFTWARE, IF APPLICABLE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA TO YOUR COMPUTER SYSTEM.
12. LIMITATION OF LIABILITY
12.1 IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, PARTNERS, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, SOFTWARE, OR SERVICE, EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE, OR BY THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE COMPANY'S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEEDS THE ACTUAL CONSIDERATION RECEIVED BY THE COMPANY FROM YOU FOR THE USE OF THE SOFTWARE AND SERVICE.
By agreeing to use the Software, Service, and/or Site, you agree to defend, indemnify and hold the Company, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or Site or the creation, the placement or transmission of any message, information, software or other materials through the Service by you or users authorized by You or related to any violation of these Terms and Conditions by You or any user authorized by you.
14. CANCELLATION AND TERMINATION
The Company may, at its sole discretion, terminate the Service or your use of the Service, or the use of any of the Incredibar features, permanently or temporarily, at any time and without cause. You may at any time cancel your use of the Service. Upon cancellation or termination, you will immediately cease all use of any software and any documentation provided to you by the Service. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability;
15. LINKED SITES
15.1. The Software, Service, and Site and the Company’s e-mail communications to you, may contain features that may link you to third parties' web sites and/or software programs ("Linked Sites" and the “Linked Software”, respectively). These features are provided by the Company only as a suggestion of the Company to you. The Linked Sites and the Linked Software are not reviewed, controlled or examined by the Company in any way and the Company is not responsible for the content of any such Linked Sites, or any additional links contained therein nor for the quality and/or accuracy, timeliness, completeness, safety or adequacy, fitness for a particular purpose of any content of any such Linked Sites and/or the Linked Software. The offering of these features does not imply the Company's endorsement of, or association with the Linked Sites or the Linked Software. It is your sole responsibility to comply with the appropriate terms and conditions of the Linked Sites and/or the Linked Software as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and/or Linked Software and any content contained thereon. In no event shall the Company be liable to anyone for any damage arising from or occasioned by the creation or use of the Linked Sites and/or the Linked Software or the information or material accessed-through these Linked Sites and/or the Linked Software. The Company may at its sole discretion add, change, decline or remove, without notice, any feature or link to any of the Linked Sites and/or the Linked Software from the Incredibar Software and Service and/or introduce different features or links to different users.
15.2. There may be circumstances where access to the Site and/or Software is provided by a link located at another web site. Neither the Company nor its affiliates make any representations or give any warranties with respect to any information contained in or at these other sites and neither the Company nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither the Company nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to the Site and/or Software.
16. PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. The Company may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
18. APPLICABLE LAWS / JURISDICTION
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national or other destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through the Service any data or software that cannot be exported out of the United States without prior written government authorization, including but not limited to, certain types of encryption software. The above assurance and commitment shall survive termination of this agreement.
You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern this Agreement. Please note that your use of the Software as well as the Service and Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Software, Service or Site resides in the competent courts in Tel Aviv, Israel, and you further agree and expressly consent to the exercise of personal jurisdiction in the competent courts in Tel Aviv, Israel, in connection with any such dispute and including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Version: 1.3 Published: January 16th 2012