is pleased to provide you its applications as another tool for search applications installed on your mobile device ("Our Products"). PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING ANY OF OUR PRODUCTS, because End-User License Agreement governs our provision of and your use of Our Products.
Legal Agreement Generally:
This Terms Of Service("ToS") is a legal agreement between you and
and its affiliated companies (collectively, "
,” “we,” “us,” or “our”) pertaining to the use of Our Products. By installing or otherwise using Our Products, you agree to be bound by the terms of this ToS. You represent and warrant that you are the owner or an authorized user of the computer or mobile device upon which you installed Our Products, and you are 18 years of age or older and possess the right and authority to enter into this agreement (You must be 18 years of age or older to install, or uninstall Our Products). The terms of this ToS also applies to all of Our Products, updates, or supplemental services. If you do not agree to the terms of this ToS in its entirety, you are not authorized to install or use Our Products or this Website.
may change or add provisions to these terms and conditions at any time. All changes will be posted on this page with no further notice to you. Please review this page frequently to review any such changes. Your continued use of Our Products after the posting of such changes signifies your acceptance of those changes and you will be bound by such changes. If you do not agree with any changed or new term or condition, you agree to discontinue use and uninstall Our Products.
If you have any questions or concerns regarding this agreement, please contact us by email at [email protected]
Installation:
By downloading or otherwise using the Application(s), you are installing a software application that may change your internet browser settings. The Application is designed to enhance your internet searches and provide additional features. As such, the Application may reset your browser homepage, start page and/or default search settings. If you do not want to reset your setting(s), you can choose not to install Our Products or you may be able to decline or opt-out of one or more setting(s) changes. Use of the Application, regardless of what settings you choose or decline, is subject to our Privacy Policy, which is specifically incorporated by reference into this ToS as though fully set forth herein. If you are or become a resident of the European Union, you agree not to access the website, download or install, or discontinue use of and/or uninstall the Application.
Grant of License:
Subject to your compliance with this ToS, you are granted limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current version of Our Products (including all updates) solely for your lawful, personal, and non-commercial use.
Use Restrictions:
A) Restricted Use. You may not sell, lease, share, sublicense, distribute, assign, copy (other than a single copy for backup), or in transfer Our Products or use Our Products for the benefit of any third party. You may not install Our Products on any mobile device that does not belong to you without permission from the owner of that mobile device. You may not use any automatic or manual device, robot, spider or other processes to attempt or actually interfere with the proper functioning of Our Products. You may remove Our Products at any time from a computer you own or are authorized to use. You may not violate or attempt to violate the security of Our Products or related
services. You shall not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with Our Products, nor shall you attempt to do so for any reason. You shall not access, create or modify the source code of any
owned Products i.e “Our Products”. You shall not create derivative works comprised of any
owned Products i.e “Our Products”. Any such modifications, enhancements and the like produced by us or you shall remain the sole property of
B) Products Updates.
reserves the right to change, add or remove features or functions to Our Products. Once installed on your mobile device, Our Products will periodically send information to
servers.
may require that you update Our Products periodically so that Our Products can perform better. We may update automatically with or without notice to you. If material changes are made to Our Products,
will require you to again review and agree to an updated ToSfor continued use of Our Products.
C) Mobile Installations. If you utilize your mobile device to access Our Products, network or roaming provider's messaging, data and other rates and fees may apply. Downloading, installing or using Our Products may be prohibited or restricted by your provider and you agree to discontinue use and uninstall Our Products in the event you are notified by your network of its non-acceptance of Our Products. There is no guarantee that Our Products will function properly with all mobile devices.
Authorized Information Processing and Storage:
, its Affiliates, Service Providers and others may collect and transfer information about you, including personal information. In some cases, your information may cross borders from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, you agree that such information is collected, stored and used in the United States and that United States law shall apply. By downloading, registering for and/or using Our Products, you consent to the transfer of information under the laws of the United States irrespective of any country in which you are citizen or resident. This transfer is governed by the posted Privacy Policy.
Third-Party Use of Our Products:
A) Services and Content. Our Products may integrate, be integrated into, bundled, or be provided in connection with third-party services, feeds and/or content. Such services and content are subject to third party's terms of services and privacy policies found on their websites. Our Products provide access to search results or other links to third party websites with whom
has no ownership or control. You agree that
is not responsible for the availability of these resources, their collection of information about you and does not endorse nor is responsible or liable for any content, advertising, products or services or any other materials available from such websites. You further agree that
is not directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party websites, the content, products or services provided on or through such websites.
B)
Disclaimer of Implied and Express Warranties
Third-Party Websites. All services, feeds and other content, including without limitation, all data, links, articles, graphic or video messages, information, text, software, music, sound, graphics or other materials made available or accessible through Our Products, publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You agree that by using Our Products you may be exposed to information or content that is offensive, indecent or objectionable and such objectionable material is the responsibility or liability of
. You accept all risks associated with the use of any information, products or other content, including reliance on the accuracy or completeness of such information or content. You further agree that
shall not be liable in any way for any reliance upon or use of any products or services accessed through Our Products, including, but not limited to, errors or omissions, or loss or damage of any kind.
Security of Information:
uses industry and proprietary technical standards to preserve the confidentiality of information we collect. We limit access to users' information to employees who we believe reasonably need access to that information to provide products or services to you or in order to perform their jobs. However, no security system can be 100% secure; accordingly, we do not guarantee the security of the information we collect online.
Privacy Statement and Policy:
Your use of Our Products, services and websites signifies your agreement to the terms of our Privacy Policy, which are incorporated herein by references as through fully set forth.
Intellectual Property:
Our Products, including source code, graphics, content, protocols, software, logos and documentation provided to you is
property and protected by U.S. and/or international copyright, trademarks, patents and other proprietary rights and laws governing intellectual property rights. Intellectual property rights shall mean, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed on or in Our Products. All rights not expressly granted hereunder are expressly reserved to
.
DMCA:
User, Affiliates and/or any other third parties may provide materials or content to us that is made available via our Site which is not within our control. However, we respect the copyright interests of others.
We reserve the right to terminate the rights of any user or third-party to access the Services if any such user or third-party is either found to infringe third-party copyright or other intellectual property rights, or who we believe, in our sole discretion, is infringing these rights, in accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) and other applicable laws.
If you believe any materials on our Site infringes your copyright, you should provide us with written notice that at a minimum contains:
Electronic or physical signature of the copyrighted work owner (or authorized person)
A description of the copyrighted work, including the URL where this infringing content is available or a copy of it
Your contact details: email address, telephone, and address
A statement in “good faith belief” that the work is not authorized by the copyright owner
A statement by you, a person who sends the takedown notice, made under penalty of perjury that the information you send in the notice (above information) is accurate and that you are either the copyright owner or you are authorized to act on copyright owner’s behalf
All DMCA notices should be sent to [email protected] or to the address as given below:
,
It is Dna-marketing’s policy to terminate relationships regarding content with third parties or users who repeatedly infringe the copyrights of others.
Termination:
You agree that
, in its sole discretion, may modify or discontinue or suspend Our Products or services and/or your right to use Our Products or services at any time without notice in its sole discretion. You further agree that
shall not be liable to you or any third-party for any suspension, termination or disabling of Our Products.
Disclaimer of Warranty:
ALL OUR PRODUCTS AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
AND YOUR USE OF OUR PRODUCTS AND/OR SERVICES ARE AT YOUR SOLE RISK.
EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER
WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE
WITHOUT LIMITATION.
MAKES NO WARRANTY THAT OUR PRODUCTS OR SERVICES WILL MEET YOUR
REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS OBTAINED FROM THE USE
OF OUR PRODUCTS AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF OUR PRODUCTS AND/OR
SERVICES WILL MEET YOUR EXPECTATIONS
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF OUR PRODUCTS AND/OR SERVICES
REMAINS SOLELY WITH YOU.
EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO
PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTIES BY OR THROUGH OUR PRODUCTS AND/OR SERVICES.
SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING
DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Liability:
YOU EXPRESSLY AGREE THAT
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF DNA-MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR PRODUCTS OR SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO OUR PRODUCTS AND/OR SERVICES. IN NO EVENT SHALL
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO DNA-MARKETING, IF ANY, FOR ACCESSING OUR PRODUCTS.
IF ANY PART OF THE EXCLUSIONS SET FORTH IN THIS SECTION 13 IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS OUR PRODUCTS AND/OR SERVICES, AND NO WARRANTIES SHALL APPLY AFTER THE INITIAL THIRTY (30) DAY PERIOD.
Indemnification:
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING FROM YOUR USE OF OUR PRODUCTS AND/OR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY
OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Notice to Government End Users:
Our Products installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
General Terms:
A) Governing Law and Jurisdiction. In the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this ToS, and the use (or inability to use) Our Products and services. You agree to submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in Kent County, Delaware, with respect to all matters arising out of or relating to this ToS.
B) No Waiver. No failure or delay by
in exercising any right, power or privilege under this ToS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this ToS. If any provision of this ToS shall be found 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 B) No Waiver. No failure or delay by
in exercising any right, power or privilege under this ToS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this ToS. If any provision of this ToS shall be found 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
Contact Us:
If you have any questions about this ToS or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email
Email: [email protected]