These Terms of Service (“Terms”) are made and entered by and between Media Arena Ltd (“Company”) and you, a user of our installation platform (respectively, “user” or “you” and "Installation Platform") and Software or browser extension offered therein (“Software or browser extension”).
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the publication of the revised Terms. The last revision date will be reflected in the "Last Modified" date at the bottom of these Terms. Your continued use of the Installation Platform and Software or browser extension following such amendments constitutes your acknowledgement and consent of such amendments to the Terms and your agreement to be bound by them.
INSTALLATION PLATFORM & SOFTWARE OR BROWSER EXTENSION
Our Installation Platform performs and optimizes the installation of Software or browser extension applications developed or published by us.
Certain Software or browser extension may change your home page or your default search provider or computer repair products, etc.
You may skip, decline or accept any of the offered Software or browser extension and may decide to cancel the installation.
Please note that only offers to install a Software or browser extension which received your prior permission and consent (through opt-in or opt-out mechanism, or by clicking ‘accept’ (or similar language) button as determined solely by us), shall be installed on your device. You hereby grant the Company permission to install the Software or browser extension, including additional software or browser extension required to execute such Software or browser extension, as determined by us. You acknowledge that software or browser extension installation often requires registry changes, as well as access to the Internet.
Following initiating the installation process, you may not stop Installation Platform's operation with the designated 'cancel' (or similar language) button, however, we may disable your ability to do so in certain stages of the installation process. Please note that by stopping the Installation Platform operation in certain stages of the installation process, not through the designated button may result in damage to your computer, for which we shall not be responsible or liable in any manner. In addition, installation that was initiated but was interrupted or canceled before completion may result in residual data or software or browser extension remaining on your device which can be removed manually, including a desktop application to continue installation from interruption.
LICENSE AND INTELLECTUAL PROPERTY
Subject to the Terms herein you are hereby granted with a revocable, limited, non-exclusive, non-transferable and non-sub-licensable license, to use the Installation Platform and Software or browser extension, solely for your personal and non-commercial purposes. The grant of license is subject to your agreement to be bound by these Terms as well as compliance with the provisions herein. The Intellectual Property Rights and all other rights, title and interest of any nature in and to Installation Platform and Software or browser extension (including trademarks, service marks, product names, and trade names as well as modifications, enhancements, upgrades, customizations and derivative works) are and shall remain the exclusive property of the Company and its licensors, and you hereby acknowledge that no title or ownership in the Installation Platform or Software or browser extension is being transferred or assigned herein not to be construed as a sale of any rights in the Installation Platform or Software or browser extension. For the purpose of this Agreement “Intellectual Property Rights” shall mean all intellectual property rights of every kind and description, including without limitation rights in or to trademarks and service marks (whether or not registered), trade names and other designations of source of origin, together with all goodwill related to the foregoing, rights in or to copyrights, whether or not registered, rights in or to trade secrets and confidential information, including without limitation know-how, technology methods, ideas and inventions, rights in software or browser extension and computer code (whether in source code, object code or any other form) and all applications and registrations of any of the foregoing.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that you will not, either by yourself or by authorizing or encouraging others to do so, directly or indirectly: (i) modify, change, edit, amend, truncate, alter, bypass or reorder any aspect of the Installation Platform or Software or browser extension; (ii) circumvent, disable or interfere with security features of the Installation Platform or Software or browser extension, or otherwise impair or degrade its performance in any way; (iii) access the Installation Platform or Software or browser extension by any automated or malicious codes, including scraping, crawling, data-mining, or using any robot, spider; (iv) copy, sell, lease, share, sublicense or distribute the Installation Platform or Software or browser extension and the license to use the Installation Platform and Software or browser extension granted herein, or otherwise commercially exploit or make the Installation Platform and Software or browser extension; (v) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Installation Platform or Software or browser extension, or attempt to derive the source code of the Installation Platform or Software or browser extension; (vi) use the Installation Platform or Software or browser extension in any fraudulent, unlawful, harmful, irresponsible, or inappropriate manner; (vii) assert any proprietary rights in or to the Installation Platform or Software or browser extension, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by such third party; (viii) use the Installation Platform or Software or browser extension in any way that violates any term of these Terms.
By accepting these Terms, you further represent that you are authorized to use the Installation Platform and Software or browser extension and accept the obligations set forth herein on your own behalf or on behalf of another person or entity. Any and all unauthorized use of the Installation Platform and Software or browser extension is strictly prohibited. ANY USE OF THE INSTALLATION PLATFORM AND SOFTWARE OR BROWSER EXTENSION NOT SPECIFICALLY PERMITTED HEREIN IS PROHIBITED AND MAY RESULT, AT COMPANY'S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE INSTALLATION PLATFORM AND SOFTWARE OR BROWSER EXTENSION AND MAY RESULT IN CRIMINAL AND CIVIL LIABILITY.
UPDATES AND CHANGES OF THE INSTALLATION PLATFORM AND SOFTWARE OR BROWSER EXTENSION we reserve the right, at the Company’s sole discretion and at any time, to alter or update the Installation Platform and the Software or browser extension including, without limitation, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. BY CONTINUING TO USE THE SOFTWARE OR BROWSER EXTENSION FOLLOWING SUCH CHANGES, UPDATES OR UPGRADES, YOU AGREE TO BE BOUND BY SUBSEQUENT CHANGES AND ACKNOWLEDGE THAT THE COMPANY SHALL HAVE NO LIABILITY TO YOU AS A RESULT OF ANY SUCH CHANGES.
THIRD PARTY SERVICES
The Installation Platform or Software or browser extension may include links to third party services and/or the third party services may be made available to you via the Installation Platform or Software or browser extension. These services are subject to respective third party terms and conditions, and we encourage you to carefully review them as they constitute an agreement between you and the applicable third party service provider. We do not warrant, endorse, guarantee or responsible for any third party, including any third party who offers products or services through the Installation Platform or Software or browser extension. You acknowledge that (i) we do not guarantee the access to, or viewing of any particular third party services; (ii) any third party is not under our control and we are not responsible for; (iii) we are not responsible for and do not monitor or control any third-party services. You agree that we will not be held responsible or liable for any injury, loss or damage of any sort incurred as the result of your use of or access to any third party services, and you are solely responsible for your reliance upon any third party services. For the avoidance of doubt, these Terms govern your relationship with us alone, and in no way govern the relationship between you and any third party.
DISCLAIMER OF WARRANTIES
Except as provided herein, the Installation Platform and Software or browser extension are provided "as is" and "as available" basis without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade. Company does not warrant that the Installation Platform or Software or browser extension will operate error-free, or is free of viruses or other harmful code or that the Company will correct any errors in the Installation Platform or Software or browser extension. You agree that Company will not be held responsible for any consequences to you or any third party that may result from technical problems. We make no representation or warranties that the Installation Platform or Software or browser extension are or will be available for use in any particular location or at specific time. Except as expressly stated herein, the Company does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Installation Platform or Software or browser extension. Your use of the Installation Platform and Software or browser extension is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. The Company reserve the right to suspend, remove, restrict or disable your access and use to parts or all of the Installation Platform or Software or browser extension at any time and without notice or liability, at Company’s sole discretion.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, OR DAMAGES (INCLUDING TO EQUIPMENT) ARISING OUT OF THE USE OR INABILITY TO USE THE INSTALLATION PLATFORM OR SOFTWARE OR BROWSER EXTENSION EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT AFFECT COMPANY’S LIABILITY FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TERM AND TERMINATION
These Terms shall be in effect as of the date in which you use the Installation Platform or Software or browser extension. You may cease your use of the Installation Platform at any time and uninstall the Software or browser extension. The Company may terminate these Terms and discontinue, or terminate the services offered as part of the Installation Platform and Software or browser extension at any time, without notice, and for any or no reason.
You shall indemnify, defend and hold harmless, the Company and its respective affiliates, officers, directors, shareholders, or representatives from any and all demands, judgments, awards, losses, damages, expenses, claims and liabilities, and all related costs, including reasonable legal fees (“Liabilities”) incurred by the Company as a result of or arising out of: (i) a breach of any representations or warranties made by you hereunder; (ii) a breach or violation of these Terms or applicable law when using the Installation Platform or Software or browser extension.
JURISDICTION AND DISPUTE RESOLUTION
Entire agreement: these Terms, constitute the entire understanding between the parties with respect to the use of the Installation Platform and Software or browser extension. if any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable. Relationship of the parties: no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms. Assignment: you may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. The Company expressly reserves its right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion. Waiver: Company's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Force majeure: the Company shall not be deemed in breach of these terms if the company is unable to provide the Installation Platform and Software or browser extension or any portion thereof by reason of earthquake, labor dispute, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, internet outages or any act of god or any local, state, federal, national or international law, governmental order or regulation or any other event beyond company’s control.
Media Arena Ltd
Last Modified: August 20, 2020