Terms and Conditions of Use FileWin.net
VITTALIA INTERNET, SLU
Address: Av. Nieves 37, 1, esc B 1ºB - 28935 Móstoles (España)
Inscription on the "Registro Mercantil de Madrid, tomo 28824, folio 144 Hoja M-518982"
C.I.F. / VAT nr. (ES) B86217031
This Web site is ruled by the Spanish laws and is protected by the international and national legislation on industrial and intellectual property.
All patent royalty reserved
This web site is a through analysis service of virus during file downloads.
Thanks to this Web Site, you will be able to know how much safe is a download before starting the download plus the reliability offered by this site.
The downloads analysed in this Web are all shareware, freeware or demo versions spread by their authors publicly from these authors' Web sites.
This Web Site offers its usersthe following services:
- Content files ordered by categories, theme and punctuation.
- Content search service
- Daily revision of download availability and guaranteed safety of download
- Known virus analysis service of files downloaded by users.
- Others services integrated by this Web Site.
Downloads are done through the author website through a mechanism called "software downloader" created by this company.
Said downloader is never related or belong to the author of the downloads, and this program aims at making reliable downloads from our servers.
Sometimes the downloaded software applications may be published in the electronic mediums property of this Web site as it can be compiled in CDs and software applications.
Said electronic mediums can be required for the creation of direct access or to change the main page or your PC for our Web site, which is not related to the possible subsequent installation of the downloaded software applications.
The user shall not be held responsible for the damages which might be derived from the proper and improperuse of the content shown in this Web site.
The users accessing to this Website can visualise the information and content of the site, make downloads of software applications and content of the site,make reproductions or use these products provided that they comply with the legislation of copyright and industrial property and that they both do not transfer and distribute such software applications without previous consent of the creating author or company, be this Web Site or any other. Likewise the download for the use of the before-mentioned servers under no circumstance includes the right to license of use which can be required by the author of the program by the creator/author or distribution company.
This Web Site shall not be held responsible for the functioning of the downloaded programs, nor the possible collateral problems which could be caused to your PC.
This Web Site shall not be held responsible for misuse which might be derived from the use of the software applications downloaded, or infringement of the user or author which might affect the copyright of the author or third parties.
Under no circumstance it is allowed or authorized in this site the publication of systems of softwares which can make the copyright vulnerable (cracks,serials, warez, etc).
TERMS FOR THE PUBLICATION OF PROGRAMS (AUTHORS)
On the other hand, the authors understand that this Web site offers added value services and that in some occasions, a offer or aditional product can be offered for said services to the end user for maintenance of the Web site or said services, but never related to the acquisition of the license of a product.
The author also accepts that the above-mentioned electronic means can require the change of the main page or the installation of offers related to this Web site (but never to pages property of the author).
The relationship between the author and the Web site can be terminated at anytime prior request of any party. Contact us if you're an author and you want delete your software in our website.
Any manufacturer can request the update or the removal of any software applications offered in this Website.
Please do not hesitate to contact us regarding these terms and conditions through our contact page.
TREATMENT OF PERSONAL INFORMATION
In compliance with Act15/1999, 13 December, of Protection of Personal Information and development regulation (hereinafter, the Company), holding company of this Web Site,(hereinafter, the Portal) informs you that the information obtained through the Portal will be handled by the Company, as the party in charge of the File, with the goal of facilitating the requested services, attending to queries, carrying out statistical studies that will allowan improvement in service, carrying out typical administrative tasks, sending information that may result of your interest through bulletins and similar publications, as well as developing sales promotion and publicity activities related to the Portal.
The user expressly authorises the use of their electronic mail address and other means of electronic communication (e.g., mobile telephone) so that the Company may use said means of communication and for the development of informed purposes.
We inform you that the information obtained through the Portal will be housed on the servers of the company OVH, SAS, located in Roubaix (France).
Upon providing your information, you declare to be familiar with the contents herein and expressly authorise the use of the data for the informed purposes.The user may revoke this consent at any time, without retroactive effects.
The Company commits to complying with its obligation as regards secrecy of personal information and its duty to treat the information confidentially, and to take the necessary technical, organisational and security measures to avoid the altering, loss, and unauthorised handling or access of the information, inaccordance with the rules established in the Protection of Personal Information Act and the applicable law.
The Company only obtains and retains the following information about visitos to our site:
-a. The domain name of the of the provider (ISP) and/or the IP address that gives them access to the network.
-b. The date and time of access to our website.
-c. The internet address from which the link that that leads to our website originated.
-d. The type of browser client
-e. The client’s operating system
-a. The date and time of the most recent visit to our web page.
-b. Security control elements to restricted areas.
The user has the option of blocking cookies by means of selecting the corresponding option on their web browser. The Company assumes no responsibility through if the deactivation of cookies supposes a loss ofquality in service of the Portal.
At any moment, the user may exercise the rights of access, rectification,cancellation or opposition by writing to VITTALIA INTERNET, SLU, Av. Nieves 37,1, esc B 1ºB - 28935 Móstoles (Spain), including a photocopy of their valid identification and indicating the right they wish toexercise.
Laws and Jurisdiction
The present legal notice is subject to Spanish law.
The user accepts that the applicable law for the website shall be Spanish law. Any type of proceeding, complaint or conflict derived from the usage or activity of this website shall be solved within the jurisdiction of the Courts of Madrid (Spain). VITTALIA INTERNET, SLU, reserves the right to make the necessary changes to the present terms and conditions, which will be available in the website.
Babylon Toolbar End-User License Agreement
Please note: (1) you MUST be 13 years or older to install or to use the Babylon Toolbar. If you are not yet 13, do not download Babylon Toolbar; (2) the Babylon Toolbar is not intended for use by or be available to persons under the age limit of any jurisdiction which restricts the use of Internet-based applications and services according to age. IF YOU RESIDE IN SUCH A JURISDICTION AND ARE UNDER THAT JURISDICTION'S AGE LIMIT FOR USING INTERNET-BASED APPLICATIONS OR SERVICES, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE Babylon Toolbar AND YOU MAY NOT ACCESS THE SERVICES
1.1 Babylon Toolbar Platform
Babylon Toolbar provides a desktop applications platform which allows publishers to develop, maintain and publish their own applications or software (“Third Party Software”). Third Party Software is a software application including any content, links or materials that are made available to you by the publisher via the Software. Such Third Party Software may be specifically customized by a publisher and may include the publisher's branding or other content owned or licensed to the publisher.
1.2 Your use of any Third Party Software is subject to any terms and conditions provided with such Third Party Software and are not governed by this EULA.
1.3 Babylon Toolbar does not have any obligation to test Third Party Software and is not responsible for the appropriateness, completeness, stability or legality of any Third Party Software and you hereby waive any legal or equitable rights you have or may have against Babylon Toolbar with respect thereto.
1.4 As part of the installation process of the Software, publisher may offer changes to your Internet Browser settings. These changes if approved by you can be reconfigured by you at any time from the options dialog available on your Internet Browser. Such changes may include the following:
1.4.1 The homepage of your Internet Browser
1.4.2 The default search engine in your Internet Browser's built-in search box
1.4.3 The page displayed when opening a new tab
To uninstall the Software, you may use the standard uninstall procedures offered by your computer's Operating System or your Internet Browser.
1.5.1 Uninstall from Internet Explorer – from Windows "Add/Remove Programs" dialog, find the Software in the list of installed applications and click on it, and then click on the "Uninstall" button.
1.5.2 Uninstall from Firefox – from the "Extensions" menu, find the Software in the list of installed extensions and click on it, the click on the "Uninstall" button.
1.6 Third Party Code; Notice and Attribution. The Babylon Toolbar includes third party software subject to open source license terms, including, without limitation, the following applications: Compression Algorithm, PCRE, Firefox Plug-in Modules, and NSIS Toolkit and Plug-ins. All rights are reserved by the licensors of such code and ownership is attributed as follows:
1.6.1 Firefox Plug-ins: Copyright © 1998 Netscape Communications Corporation. All Rights Reserved.
1.6.2 NSIS Toolkit and Plug-ins: Copyright © 1995 – 2009 Contributors as identified at http://nsis.sourceforge.net/Main_Page
Reference to copyright ownership is for attribution purposes only and in no event shall be deemed an endorsement by such owners of the Babylon Toolbar. You acknowledge and agree that your right to use these publicly available components of the Babylon Toolbar is governed by the terms applicable to each application (“Other Software Terms”). In the event of any conflict with the express terms of this Agreement and the Other Software Terms, the Other Software Terms of such publicly available license shall control your use of the relevant application. In no event shall the Babylon Toolbar be deemed “open source” or “publicly available” software.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE Babylon Toolbar.
THE SOFTWARE (ASIDE FROM THE Babylon Toolbar FOR FIREFOX) CAN BE UNINSTALLED FROM THE "ADD OR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL.
2 License Grant.
The Babylon Toolbar is being licensed to you by Babylon Toolbar on an "AS IS" basis, for your private personal use only. Subject to the terms of this Agreement, Babylon Toolbar and its current, and future , parent and subsidiary companies (collectively "Licensor", "we", "us" or "our") hereby grants you a limited, non-exclusive, personal, non-sub licensable, non-assignable license to download, install and use the Babylon Toolbar, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "Babylon Toolbar") onto a computer for your sole use to install, interact with and utilize the Babylon Toolbar, including the content and features contained therein and the services and the Network related thereto ("Services"). The Babylon Toolbar may only be used in connection with the Services. As used herein, the term "Network" means the universe of computers connected to the Internet that are operating the Babylon Toolbar.
3 License Conditions.
(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Services, Babylon Toolbar or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Babylon Toolbar, the Services or the Network; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Babylon Toolbar or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of Babylon ; (iv) export or re-export the Babylon Toolbar in violation of export laws; (v) use the Babylon Toolbar or Services for any commercial purpose or the benefit of any third party or charge any person for the use of the Babylon ; or (vi) use the Babylon Toolbar or Services to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the Network or users of the Babylon Toolbar or Services by monitoring, interdicting or intercepting any process of the Babylon Toolbar or the Network; and (viii) use any type of bot, spider virus, worm, clock, software lock ,timer, counter, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, damage , delete or disassemble the Babylon Toolbar, the Services or the Network. Furthermore, you may not use the Babylon Toolbar or Services to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, hateful or obscene ; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Babylon Toolbar or Services, (D) performs any unsolicited commercial activity not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (a real identity, an alias or an online nickname).
4 Permission to Utilize
In order to receive the benefits provided by the Babylon Toolbar, you hereby grant permission for the Babylon Toolbar to utilize the processor and bandwidth of your computer, only in order to provide you with the Services that are selected or provided by the Publisher.
Babylon IS TAKING REASONABLE MESURES IN ATEMPT TO KEEP THE Babylon Toolbar AND SERVICE SECURE. HOWEVER, LIKE ALL OTHER INTERNET SOFTWARE PROVIDERS, THE SOFTWARE, SERVICE AND SITE MAY STILL BE VULNERABLE TO VARIOUS SECURITY ISSUES AND FOR THAT REASON, SHOULD NOT BE CONSIDERED SECURE.
IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU ARE ADVISED NOT TO USE THE Babylon Toolbar OR SERVICE.
6 Proprietary Rights
The Babylon Toolbar and Services contain proprietary and confidential information of Babylon Toolbar, including trade secrets ,copyrights, and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the Babylon Toolbar, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Babylon Toolbar and its suppliers, and except for the limited license granted to you, Babylon Toolbar reserves all right, title and interest in and to the Babylon Toolbar. You shall not take any action to jeopardize, limit or interfere with Babylon Toolbar's ownership of and rights with respect to the Babylon Toolbar and Services. You acknowledge that any unauthorized copying or unauthorized use of the Babylon Toolbar or Services is a violation of this Agreement and copyright laws and is strictly prohibited.
7 Term; Termination, Amendment.
(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.
(b) You may terminate this Agreement at any time provided you cease all use of the Babylon Toolbar and Services AND destroy or remove from all hard drives, networks, and other storage media all copies of the Babylon Toolbar in your possession. Babylon may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Babylon Toolbar and/or Services.
(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the Babylon Toolbar and the Services shall terminate and you must remove the Babylon Toolbar from your computer equipment and dispose of all originals and copies of the Babylon Toolbar in your possession
8 Installation, Operation and Removal
UPON INSTALLATION, the Babylon Toolbar will be added to your Internet browser in the form of a toolbar. The toolbar features, widgets and controls are determined by the Publisher. It also provides you with a search box, and easy access to powerful Web search directly from your browser. Babylon Toolbar for Internet Explorer can be minimized by right clicking the toolbar and selecting it. In addition, you will receive Babylon Toolbar Search Assistance feature which provides you with relevant search results when you place a search query in the browser address bar (as described above under Search Assistance)
When a user uses one of Babylon Toolbar search feature to search the Web, the query reaches the publisher servers. As all standard Web pages, besides the keyword query, it includes information such as IP address, default language setting, browser type, and an anonymous unique ID. Babylon Toolbar uses this information in order to appropriately process your search request and to serve you relevant and better search results.
The Babylon Toolbar sends a configuration request when you start your browser. This request includes only data such as browser type & IP address. In addition, occasionally Babylon Toolbar platform may send a request to our servers to check for new version releases.
All of the collected information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering better search services and content in accordance with your preferences.
Importantly, all collected information of search queries are recorded on a non-personally identifiable basis and kept strictly anonymous. All search activity information is researched and evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process), and we do not disclose any non-aggregated information to third parties, except as required by a valid legal process such as a search warrant, statute, subpoena, or court order, or to protect someone's safety.
Babylon Toolbar constantly follows activity and usage of the Babylon Toolbar. By analyzing the aggregated information on usage of our product, Babylon Toolbar can improve the product and offer you better service.
Babylon reserves the right to disclose any information it deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of Babylon its employees or the public. Babylon Toolbar also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in Babylon's sole discretion.
If you wish to withdraw your consent to any of Babylon Toolbar features as described herein, you should uninstall the Software from your computer. Uninstall instructions are detailed above
We do not collect personal identification information including names, phone numbers and addresses. We do collect information necessary to enable certain features in Babylon Toolbar Platform. We do not sell, rent or trade any personally identifiable information you provide when using the Babylon Toolbar or the Web Sites.
We gather certain information such as internet protocol (IP) addresses, browser user agent, referring page, date/time stamp and cookies automatically. We use such information to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information to better provide our services.
When you visit the Babylon Web Sites, we may place a small text file-called a "cookie"-on your computer that allows us to improve the quality of our service, and to store your preferences and settings. Importantly, a cookie does not allow us to obtain any personally identifiable information (such as your real name or address) unless you have specifically provided such information when using the Web Sites or the Software. The search feature sends a request to our servers while processing a search query that you have inputted. This request includes the keyword query, source (Toolbar, IE bar, related links, etc…) and all HTTP data transferred automatically by the browser (IP Address, User Agent, Cookies, etc…). We use this information in order to properly process your search request. For example, this data provides us with information on which language you prefer to use and your geographical location. Such information is recorded on a non-personally identifiable basis and is kept strictly anonymous.
If any of the Web Sites or the Software is ever sold or all or substantially all of the assets relating to a Web Site or the Software are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this Agreement.
10 Your Representations and Warranties
(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the Babylon Toolbar and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the Babylon Toolbar or the Network or to defeat or overcome any encryption and/or other technical protection methods implemented by Babylon with respect to the Babylon and/or data transmitted, processed or stored by Babylon Toolbar or other users of the Babylon Toolbar, (iv) you will not take any steps to interfere with or in any manner compromise any of Babylon Toolbar's security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by Babylon Toolbar, and (vi) you will only use the Babylon Toolbar and Services on a computer on which such use is authorized by the computer's owner.
(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Babylon Toolbar, Network or Services, except to remove the Babylon Toolbar from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the Babylon Toolbar, Network or Services. Babylon reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
(c) If Babylon has reasonable grounds to suspect that your representations, promises or warranties are inaccurate or breached, Babylon may terminate this license, deny any or all use of the Babylon Toolbar and/or Services, and pursue any appropriate legal remedies.
If at our request you send content (e.g., postings, contest submissions,surveys, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Babylon . None of the Submissions shall be subject to any obligation of confidence on the part of Babylon Toolbar, and Babylon shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Babylon shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
You agree to indemnify, hold harmless and defend Babylon Toolbar and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney fees and other dispute resolution expenses) incurred by Babylon arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the Babylon Toolbar and/or Services.
13 Links and Search Results.
The Software may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14 Disclaimer of Warranties.
(a) THE Babylon Toolbar AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Babylon. EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE Babylon Toolbar OR SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Babylon FURTHER DOES NOT REPRESENT OR WARRANT THAT THE Babylon OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE Babylon Toolbar AND SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) THE Babylon Toolbar MAY BE UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO Babylon Toolbar. YOU AGREE THAT Babylon Toolbar WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL , INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 13 (a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.
(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 12, some of these exclusions may not apply to you.
15 Limitation of Liability.
(a) IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL Babylon Toolbar, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS OF ANY TYPE , DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE Babylon Toolbar OR THE SERVICES, EVEN IF Babylon Toolbar HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Babylon Toolbar AND/OR SERVICES IS TO UNINSTALL AND CEASE USE OF SUCH Babylon Toolbar AND SERVICES.
(c) IN NO EVENT WILL Babylon Toolbar’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS OR DAMAGES SHALL EXCEED THE LOWER OF (I) AMOUNT Babylon Toolbar RECEIVED FROM YOU FOR THE LICENSE; OR (II) $100 USD, EVEN IF Babylon HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
16 Customer Support
Babylon may, but is not required to, provide you with customer support ("Support"). Babylon may terminate any Support it provides at any time in its sole discretion.
17 Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled "I ACCEPT" or such similar links as may be designated by Babylon to download the Babylon Toolbar to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE Babylon Toolbar OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
18 General Provisions.
Babylon reserves all rights not expressly granted herein. Babylon may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at Babylon www.babylon.com. Your continued use of the Babylon Toolbar and/or Services shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and Babylon. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of Babylon Toolbar at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of Israel without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Israel and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the Babylon Toolbar and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Babylon may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE Babylon Toolbar, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Babylon Toolbar THE RIGHTS SET FORTH HEREIN.
Coupish collects two types of data: (1) User Submitted Data, and (2) Passive Data.
Coupish collects personal information that you provide to us for the purposes of site updates, newsletters, notifications, and additional Coupish functionalities. Examples of User Submitted Data that you have the option of providing might include email, zip code, phone numbers. We will not use this data to provide any services or marketing that you have not requested. We may share User Submitted Data with persons we employ directly, or as contractors or agents at our direction, for purposes of administering our business activities, or providing customer services such as support.
You are not required to provide any User Submitted Data to use Coupish. By providing additional information, Coupish might be able to provide additional functionality to users, but there is no requirement that users provide personal information to use Coupish.
When you use your browser to navigate the web, the Coupish Browser add-ons may interact with you and enable you to find additional pricing, coupon information or further related marketing offer. In order to provide these services the Coupish Browser add-ons collects the following information: the characteristics of the item, the retailer page, the url of the page you are on, and other anonymous technical data such as IP address.
Coupish utilizes an industry standard technology called "cookies" to collect information about how Coupish is used. Passive Data collected may include your browser type, operating system, ISP, the date / time of visits, Coupish.com pages viewed, and the referring site to Coupish.com and any third party site Coupish links to. Passive Data is collected on an aggregate basis without any association to your personal information so that you remain anonymous.
We may also allow third parties, such as advertisers on our Coupish, to place cookies on Coupish in order to improve your online experience after you leave Coupish. The third party cookies used on Coupish are designed to improve your online experience by facilitating the receipt of targeted advertisements while on Coupish and while you are viewing other websites. These third parties may use information about your visits to Coupish and other web sites obtained through their cookie only to provide advertisements for goods and services of interest to you. Other companies use of these cookies is subject to their own privacy policies and not ours. We do not provide these third parties with any personally identifiable information
If you do not wish to transmit cookie information about yourself, you may choose to turn off the cookie function in your web browser. If you do choose to turn off cookies, certain features of Coupish might be affected and not work properly.
Coupish uses the User Submitted Data collected to deliver the content, features, notifications, and services that you have requested. You are not required to provide any User Submitted Data to use Coupish, however we do not guarantee that all features of the Coupish service will work properly without User Submitted Data. We will not use the information you provide to send unsolicited marketing to you. The purpose of collecting User Submitted Data is to make additional features, information and services available to you. Coupish shall give users the option to remove themselves from any further messaging at any time by contacting us.
If you contact us via email, we may retain the information included the original email, along with any response to your email, in order to facilitate future customer support. We will not use this information to contact you for any other purpose.
Passive Data shall be used to optimize the performance, improve the usability, enhance the experience on Coupish.com and the Coupish Browser add-ons. We may share with third parties, such as advertisers or other website operators, aggregate information about site usage, demographics or other characteristics. Any data shared shall be aggregated and anonymous, and not contain user specific information.
We may use data collected to manage Coupish service, help diagnose problems with servers, and optimize the design of the Coupish service.
We may disclose information when we believe in good faith that the law requires it, or if we consider it necessary to maintain service and improve our products and services.
In the event of a sale, merger, liquidation, dissolution, or transfer of the Coupish business or assets, all information collected may be sold, assigned, or transferred to the acquiring party. Should you object to the transfer of your User Submitted Information, you have the option to have your User Submitted Information removed from our database.
Coupish has security measures in place to protect the loss, misuse and alteration of the data under our control. Although we take reasonable steps to safeguard your personally identifiable information, we can not be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access.
Coupish provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request User Submitted Information from you.
You may also request that we remove your User Submitted Information from our database, or stop sending you future communications by contacting us.
Users may submit requests to Coupish for changing, deleting, and modifying User Submitted Information, by contacting us.
These terms and conditions govern your use of the Coupish.com website and Coupish browser add-on (collectively known as "Coupish"). By using Coupish.com or the Coupish.com add-on you are agreeing to comply with these terms, which we may update without notice. In order to use Coupish, you must be legally competent to enter a binding agreement.
Use of Coupish.com or the Coupish Browser add-ons for any purpose other than private, non-commercial purposes is prohibited. The use of any software or automated system to extract data from Coupish.com or the Coupish Browser add-ons is strictly prohibited.
You will not disrupt the functioning of the Coupish.com or the Coupish Browser add-ons or otherwise act in a way that interferes with other users' use of Coupish.
You may not use or reproduce in any form any part of Coupish without prior written consent. This prohibition applies to unauthorized uses or reproduction for public or private use.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via Coupish. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Coupish shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
We reserve the right to terminate your access to Coupish temporarily or permanently, with or without notice to you, and are not obligated to support or update the Coupish service. You acknowledge and agree that Coupish will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Coupish service. Unless explicitly stated otherwise, any new features that augment or enhance the Coupish service will be subject to this agreement.
Coupish is a directory of offers at third party sites. You will be transferred to online merchants or other third party sites through links on Coupish. Coupish does not sell any goods or services to consumers and nothing on this site shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through third party websites. You are advised to read third party retailers' Terms and Conditions, Shipping, Return, Warranty, and Privacy Policies before making a purchase.
The third party websites referenced on Coupish are not under the control of Coupish, and are not monitored or reviewed by Coupish. Inclusion of a link to third party website in the Coupish service is not a recommendation of a third party website. You acknowledge that Coupish is not responsible for the products, services, or descriptions of those products or services that you receive from third party sites. Third party sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive.
Coupish.com provides pricing and coupon information on a best efforts basis. We are not responsible for pricing errors on third party sites, and make no guarranties as to the usability of coupons or pricing listed on Coupish.com. You are also cautioned to carefully read the terms and conditions of any offers, coupons, or promotions from third party retailers.
You are knowingly and voluntarily assuming all risks of using third party sites to purchase products and services via Coupish service. You agree that Coupish shall have no liability whatsoever with respect to such third party sites and your usage of them.
The Services contain proprietary and confidential information of Coupish, including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the Services, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Coupish and its licensors, and except for the limited license granted to you, Coupish reserves all right, title and interest in and to the Services. You shall not take any action to jeopardize, limit or interfere with Coupish' ownership of and rights with respect to the Services. You acknowledge that any unauthorized copying or unauthorized use of the Services is a violation of this Agreement and copyright laws and is strictly prohibited. If you send us or otherwise share with us any ideas, comments, or suggestions regarding Coupish, you acknowledge and agree that we may use such ideas, comments or suggestions in any manner, for any purpose, and without the need for any further compensation, approval or consent. Certain marks, graphics, logos, page headers, button icons, scripts, and service names, used on our Website or as part of the Services are trademarks or service marks (whether registered or not) of Coupish (the "Marks"). The Marks may not be used for any commercial or other purposes by any party other than Coupish without the prior written consent of Coupish. All other trademarks and service marks not owned by Coupish or its affiliates or subsidiaries that are used on our Website or as part of the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Coupish.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Coupish ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Coupish DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Coupish DOES NOT WARRANT THAT THIS SITE OR SERVICE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM Coupish ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Coupish WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.5
“The Browser Companion Helper“ component is a specially designed implementation of ‘Coupish’ framework. It can be easily removed from Internet Explorer using the standard ‘Add/Remove Programs’ - look for "BrowserCompanion" in the list of programs and then uninstall. To be removed from Chrome and Firefox browsers – use the respective add-on / extension window under your browser preferences.”