MY WEB SEARCH® TOOLBAR END USER LICENSE AGREEMENT
1. Toolbar Installation
If you download the My Web Search® toolbar (“My Web Search Toolbar” or “Toolbar”), you will be:
- installing a software program on your computer, in the form of a toolbar installed in your Internet browser, with features including a search box and search assistant, that we explain in more detail below;
- entering into this contract (the “End User License Agreement” or “EULA”) with Mindspark Interactive Network, Inc. governing your use of the software program and associated websites.
You must be 13 years of age or older to install or to use the My Web Search Toolbar. If you are not yet 13, do not download the My Web Search Toolbar.
If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this End User License Agreement with you, discuss any questions you might have, and install the Toolbar for you.
If you are a parent or a guardian, you are responsible for exercising supervision over your children's on-line activities. If you do not agree to the End User License Agreement, do not let your child use the My Web Search Toolbar or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the Toolbar, please contact us at eula@help.My Web Search.com.
This End User License Agreement is a legal contract between you and Mindspark Interactive Network, Inc. If you do not understand or agree with any part of the rules outlined in these End User License Agreement, please do not use the My Web Search Toolbar. If you have any questions or concerns regarding what is written here, please let us know by emailing us to eula@help.My Web Search.com. Do not use the My Web Search Toolbar until these questions and concerns have been answered to your satisfaction and you agree to abide by the End User License Agreement. By using the My Web Search Toolbar, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it.
THIS PRODUCT IS NOT SPYWARE OR ADWARE. IT WILL NOT WATCH HOW YOU USE YOUR COMPUTER. IT WILL NOT DELIVER POP-UP ADS.
2. Mindspark Features on the My Web Search Toolbar
By downloading the My Web Search Toolbar, you will be installing a toolbar in your Internet browser (and any supported email functions and instant messenger functions) with one or more of the following features provided by Mindspark Interactive Network, Inc.:
SEARCH BOX: This is a search box located within the toolbar that will help you search the Internet with search results from our search results partner.
SEARCH ASSISTANT: This provides relevant links and results when you make a search request in your browser address bar or if your browser address (DNS) request is invalid, misspelled or incorrectly formatted.
MINDSPARK HOMEPAGE: As part of the download process for the My Web Search toolbar, you may be given the option to reset your homepage to the Mindspark homepage product located at home.mindspark.com. (Note: If you do not wish to reset your homepage to the Mindspark Homepage, you can opt-out of this feature by checking the appropriate box during the download process for the My Web Search toolbar.) This site offers certain "widgets" that can be added to customize your homepage. Users who have the My Web Search toolbar may also be able to add widgets directly to their toolbar.
WEBFETTI: This feature enables you to customize a social networking profile page with layouts, graphics, custom cursors, music and video.
KAZULAH: This feature provides free personalized horoscopes, astrology, numerology, tarot, love and compatibility readings.
SMILEY CENTRAL: This allows you to insert smiley face emoticons and other graphics into your web-mail, Outlook, Outlook Express and instant messages.
SMILEY CREATOR: This feature allows you to customize and save (if you choose to register) your own smileys/emoticon creations. You can also share your customized smileys/emoticons via email or by posting them to social networks such as Facebook®.
POPULAR SCREENSAVERS: This provides you with photos and images that can be added to the user's screensaver or PC desktop wallpaper. Also includes the ability to add personal digital photos.
MY FUN CARDS: This provides access to free electronic greeting cards that you can personalize on the Web and send to any email address.
CURSOR MANIA: Free computer mouse cursors that allow the user to change the look of his/her default cursor to something more fun and expressive.
POP SWATTER: Free tool that swats pop-up ads before they appear. Includes a "Safe List" to allow pop-ups from user-specified web pages.
In addition, an Easy Installer will be downloaded to install this software. It does not install any other software and is automatically deleted the first time you turn off or reboot your computer after installation of the above-described products.
You may also have access to websites and applications related to the features described above. THE TOOLBAR AND ALL FEATURES LISTED ABOVE ARE FREE.
3. Third Party Features on the My Web Search Toolbar
By downloading the My Web Search toolbar, you will be installing a toolbar in your Internet browser (and any supported email functions and instant messenger functions) with the following features provided by third party vendors:
WIDGETS: When using the Mindspark Homepage located at Home.Mindspark.com, you will have the ability to add certain widgets to customize your homepage. Users who have the My Web Search toolbar may also be able to add widgets directly to their toolbar. The widgets available on the Mindspark Homepage are provided by one or more third party vendors. Your use of each widget is governed by separate terms of service associated with such widget. You may find such terms of service via a link within the widget itself, or on the website of the relevant widget provider. PARTNER LINKS/RSS FEEDS: Certain versions of the toolbar may include links to, or RSS (or other) feeds from our third party partners. The partner sites linked to by these toolbars and/or the partner content made available are governed by their own terms of service and privacy policies, which may be found on the relevant partner's website.
NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED for use of the Toolbar or associated websites or services, except as listed below:
UNIFIED REGISTRATION: As a service to our users, we may consolidate registration data for Webfetti, My Fun Cards, Kazulah, Smiley Creator, Smiley Central and certain other specified websites, services or applications accessible via the Toolbar, so that users are only required to provide registration information once, and would then be able to use the same unique ID and password to access all such websites, services or applications.
Passwords. In order to access certain services, you may be required to accept additional terms and conditions and/or establish an account including a unique ID and password. You are the sole and exclusive owner of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
Information you provide upon registration. You represent and warrant that you are either the owner or an authorized user of the computer where the Toolbar is installed. If you provide any information in connection with the use of any other services Licensor offers, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Toolbar or associated websites, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services.
5. Un-installation/Removal of the My Web Search Toolbar
The My Web Search Toolbar can be easily uninstalled. If you want to uninstall this product, there are several ways to do so:
- (i) From your computer's "Start" button, select "Settings", then "Control Panel"; (ii) Double-click on "Add/Remove Programs" for Windows XP or "Programs and Features" for Windows Vista; (iii) Select "My Web Search" (Product name)** or "Mindspark"(Product name)**; (iv) Click "Remove"; (v) You must reboot your computer to completely remove the toolbar.
- You can also click on the drop down arrow button next to your My Web Search icon in the toolbar that the Toolbar installs, and select "Enable/Disable Features", then select "Uninstall My Web Search" and confirm your wish to uninstall the Toolbar.
- Certain of the product features may be separately hidden or deactivated by accessing the "Add/Remove Buttons" menu, accessible through the drop down arrow next to your My Web Search icon in the toolbar that the Toolbar installs in your Internet browser.
- The Zwinky icon appearing in your computer's system tray is an integral part of the Zwinky experience. If you wish to change the settings so that, upon starting your computer, the Zwinky icon will not automatically appear in the system tray, you can enter Zwinktopia via www.zwinky.com, click on "Edit Preferences" and uncheck the checkbox next to "Automatically load the Zwinky icon in the system tray on startup".
6. Privacy and Use of Data
No Spyware, No Adware. The My Web Search Toolbar does not collect any personal information about you (such as your name, email address, etc.). Further, it does not: (a) collect or report back to us (or anyone else) any information about your activities on sites you visit on the Internet; (b) collect any search queries or information that you provide to any other websites; (c) serve pop-ups when you are on other websites; or (d) collect or report back to us (or anyone else) any data regarding your computer keystrokes or other data unrelated to the services the Toolbar provides.
Search Queries. The My Web Search Toolbar, in the course of processing a given search query, sends a request to our servers. This request includes the keyword query, time of day, browser type, default language setting, IP address, an anonymous unique ID, and a code which identifies the marketing or distribution source of the toolbar used by you to conduct your search. If the search query is being generated as the result of a misspelled URL or search term entered in to the browser address bar, we also receive the misspelled URL address or search term. 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; aggregated click information for the purpose of ensuring that our search partners are appropriately compensating us; information that allows us to make accurate payments to our distributors; aggregated usage and retention information; and aggregated search query information for the purpose of further monetizing commercially oriented search keywords. All information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous. The information collected is stored in a query log for up to six months. In addition, all information about search activity is evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process).
Configuration Requests/Communications with our Servers. The My Web Search Toolbar sends a configuration request when you start your browser. This request is approximately 5k in size and includes only anonymous data such as IP address, browser type, and information about the specific release date and distribution source of your Toolbar, as outlined above. In addition, periodically when using the Toolbar, small communications may be sent to our servers indicating certain user preferences, as outlined above. All such information is anonymous, non-personally identifiable, and is used only for purposes of delivering search and Toolbar services and content in accordance with your preferences.
If the My Web Search Toolbar is ever sold or all or substantially all of the assets relating to the Toolbar and/or associated websites 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. If you wish to withdraw your consent to the communication and data usage as described herein, you should uninstall the My Web Search Toolbar from your computer.
7. Legal Terms and Conditions
Subject to the terms and conditions of this End User License Agreement (this "Agreement), Mindspark Interactive Network, Inc. and its parent, affiliate and subsidiary companies (collectively, "Licensor", "we", "us" or "our") grant you a non-exclusive, revocable, limited license, to (a) download and install the most current generally available version of the Toolbar (including all updates thereto), and (b) use the Toolbar you download and install solely for your personal, non-commercial purposes. "Toolbar" means the instant My Web Search Toolbar and all features available through the toolbar. "Websites" means all the websites associated with the features of the Toolbar.
7.1. License Conditions
Mindspark Interactive Network, Inc. owns the Toolbar. The Toolbar, including all code, content, protocols, software, and documentation provided to you by Licensor are Licensor's property or the property of Licensor's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, 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 or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Toolbar or the Websites. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use the Toolbar at any time, and we may at any time suspend or terminate any license hereunder and disable the Toolbar or any of its component features.
You cannot buy, sell, or tamper with the Toolbar. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Toolbar or use the Toolbar for the benefit of any third party. You may not install the Toolbar on any computer without permission from the owner of that computer. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Toolbar or the Websites, except to remove our Toolbar from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the Toolbar, or attempt to do so for any reason. You may not access, create or modify the source code of the Toolbar in any way. You do not have the right to and may not create derivative works of the Toolbar. All modifications or enhancements to the Toolbar remain the sole property of Licensor.
Toolbar Updates. We reserve the right to add additional features or functions to the existing Toolbar. When installed on your computer, the Toolbar periodically communicates with our servers. We may require the updating of the Toolbar on your computer when we release a new version of the Toolbar, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current End User License Agreement before you will be permitted to use any subsequent versions of the Toolbar. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Toolbar.
You may use our Toolbar and Websites only for lawful purposes. The services we provide are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Licensor Toolbar and Websites. You agree not to use the Toolbar, Websites, or any other services provided by Licensor to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound
7.2. Content and Infringement
Links and Search Results. The Toolbar and Websites may provide access to search results or other links to other websites 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.
Access to Content through the Toolbar and Websites. You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through the Toolbar and Websites, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You understand and agree that by using the Toolbar or the Websites you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Licensor be liable in any way for any Content created by or originating with entities other than Licensor, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of the Toolbar or links to such Content from the Websites.
The Toolbar and Websites are exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you acknowledge and accept that the Toolbar, Websites, and any information you download or offer to share by means of the Toolbar or Websites, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom.
Copyright Protection of Content you display using our services. You are solely responsible for the Content you display on or thorough the use of the Websites. It is your obligation to ensure that the display of any Content including photos, text, video and music files, is not violating any copyright. You must either own or have a license to use any copyrighted Content that you display on the Websites.
Licensor respects and expects its users to respect the rights of copyright holders. On notice, Licensor will act appropriately to remove Content that infringes the copyright rights of others. Licensor reserves the right to disable the access to the Toolbar, Websites or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyright rights, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact Mindspark Interactive Network, Inc.′s (f/k/a IAC Consumer Applications & Portals, Inc.) Copyright Agent for Notice of claims of copyright infringement as follows:
Mindspark Interactive Network, Inc.
One North Lexington, 9th Floor
White Plains, NY, 10601
ATTN: Copyright Agent/Legal Dept.
One North Lexington, 9th Floor
White Plains, NY, 10601
ATTN: Copyright Agent/Legal Dept.
Objectionable Content. Licensor will also act appropriately to remove Objectionable Content. "Objectionable Content" includes, but is not limited to:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
- Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
- Content that may harm minors in any way;
- Content that has the goal or effect of "stalking" or otherwise harassing another
- Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
- Content that is vulgar, offensive, obscene or pornographic,
- Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
If we become aware that, while using any Website, you have uploaded, posted or shared Objectionable Content, we may disable your account.
Ownership of Content you Submit. Unless otherwise set forth in the terms of service for any of the Websites, you retain ownership of all rights in the content that you display on or through the use of the Websites. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of our services. If at our request you send content (such as contest submissions, 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 Mindspark Interactive Network. None of the Submissions shall be subject to any obligation of confidence on the part of Mindspark Interactive Network, and Mindspark Interactive Network shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Mindspark Interactive Network 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.
Smiley Creator "Smileys"
A Smiley Creator smiley/emoticon (each, a "SC Smiley") is a digital, visual representation that you can customize using SmileyCreator.com. Through SmileyCreator.com you may combine graphic assets to customize, save and post your new Smileys. Your use of the SC Smileys is governed by this End User License Agreement and any other terms, guidelines or rules that may be posted on, or linked-to via SmileyCreator.com. You agree that you will not gain any right, title or interest whatsoever in any graphic assets or SC Smileys you use, combine, create or modify through the Services, and that copyright ownership shall remain with us. If, by operation of law or otherwise, you accrue any right, title or interest (including, without limitation, trademark, copyright, right of publicity or patent rights) in or to any SC Smiley, or any other portion of the Services, you hereby assign, transfer and convey, and agree to assign, transfer and convey, all such right, title and interest to us. To the extent that, by operation of law or otherwise, any of such rights, title or interest cannot be assigned, you (a) agree to waive enforcement worldwide of any "artist's rights" or "moral rights" that cannot be assigned; and (b) you grant us the exclusive, worldwide, irrevocable, perpetual license to use, reproduce, distribute, create derivative works of, publicly perform and publicly display any item encompassing such unassignable rights, in any medium or format, whether now known or later developed. You (or your parent or guardian) agree to execute, at our request and expense, all documents and other instruments necessary or desirable to confirm our rights as set forth in these Terms of Service.
You acknowledge and agree that the sale of SC Smileys via online auction sites or other channels outside the Services is strictly prohibited. Subject to this End User License Agreement, you are hereby granted a personal, nonexclusive, nontransferable, limited license to view, print, reproduce, email, cache and store the SC Smileys. We reserve the right to revoke such license at any time for any or no reason.
7.3. Disclaimer of Warranty
YOUR ACCESS AND USE OF THE SOFTWARE, WEBSITES AND SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SOFTWARE. WE PROVIDE THE SOFTWARE, THE WEBSITES AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. MINDSPARK INTERACTIVE NETWORK, INC. MAKES NO GUARANTEES AS TO THE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY SEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.
MINDSPARK EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTIES.
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.
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Toolbar in your possession or control and ceasing to use or access the Websites. We may terminate this Agreement or your account (or any part thereof), disable the Toolbar or cease providing any service at any time in our sole discretion. You agree that we shall not be liable to you or any third-party for any termination or disabling of the Toolbar or ceasing to operate the Websites. For termination of Zwinky, Webfetti, Kazulah or iWon accounts, or accounts associated with any of the other Websites, please refer to the separate terms of service applicable to the relevant site(s), which are available for review at the relevant site.
7.5. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NONE OF US, OUR SUBSIDIARIES, OUR AFFILIATES, OUR SUPPLIERS, OUR ADVERTISERS, OUR MERCHANT PARTNERS, NOR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE "COVERED PARTIES") ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, AND COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (A) THIS AGREEMENT OR THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE, SITES OR SERVICES, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR SERVICES, (D) RELIANCE ON CONTENT OR POSTINGS ON THE SITES OR SERVICES, OR (E) ANY OTHER MATTER RELATING TO THIS AGREEMENT, THE SOFTWARE, THE SITES OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR DIRECT LIABILITY OR THE DIRECT LIABILITY OF ANY OTHER COVERED PARTY TO YOU HEREUNDER EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MINDSPARK INTERACTIVE NETWORK, INC., ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF OUR 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 MINDSPARK INTERACTIVE NETWORK, INC. OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
7.7. Export Controls
The Toolbar and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Toolbar, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
7.8. Notice to Government End Users
Any Toolbar, software and documentation hereunder downloaded or otherwise 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 Toolbar" and "Commercial Computer Toolbar 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 Toolbar clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Toolbar - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
These End User License Agreement, and the relationship between you and us are governed by the laws of the State of New York, without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York.
Severability. If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Us; No Waiver. You agree that any claim or cause of action arising out of your use of the Toolbar, software, the Websites, related services, or this Agreement, including any terms of service/use or privacy policies applicable to any of the Websites, must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Our failure to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions about this Agreement or the Toolbar or Websites, feel free to contact us at: eula@help.My Web Search.com.
Effective November 12, 2009
© 2008-2013 Mindspark Interactive Network, Inc. All rights reserved.