Terms of Service
[Last Modified: February 15, 2019]
These Terms constitutes an electronic contract and legally binding agreement between you and us. You hereby warrant that you are eligible to enter into these Terms and you are at least 16 years old. Further, you hereby acknowledge that these Terms enforces a class action waiver and arbitration provision as detailed in the dispute resolution section below. By accessing, installing or using the Extension or the Service you hereby acknowledge that you have read, understood and agreed to be bound by these Terms of Service, as well as applicable laws and regulations, when using our Service. If you do not agree to be bound by these Terms of Service, you are not authorized to access or use the Extension or our Service in any manner.
Service and License
Our Extension enables you to extend the functionality of your browser and personalize your browsing experience. Upon installation, the Extension will change your browser's new tab settings. The install and use of the Extension and the features provided, are collectively referred to herein as the "Service(s)". You may use the Services solely for your personal, non-commercial use. Subject to your acceptance and compliance with these Terms of Service, you are granted with a limited, revocable, non-transferable, royalty-free license to use the Service ("License"). You may install the Extension solely on a single device owned or controlled by you.
Users' Warranties and Restrictions of Use
You will use the Services in compliance with any applicable law. You agree and undertake not to: (i) circumvent, disable or otherwise interfere with security-related features of the Extension or Service; (ii) copy, sell, lease, share, sublicense or distribute the or otherwise transfer the Extension or Service; (iii) modify, create a derivative work, alter, reverse engineer, decompile, disassemble, or otherwise attempt to access the Extension's source code; (iv) remove, deface, obscure, or alter any copyright, trademarks, or other proprietary rights; (v) access the Services by any automated means, including scraping, crawling, data-mining, or using any robot, spider, or any other automatic device; or (vi) otherwise use the Services in illegal or fraudulent manner including, without limitation, infringement or misappropriation of any intellectual property rights or right of privacy of any third party or in breach of theTerms.
We reserve the right, at our sole discretion, to limit, deny or cancel some or all of the functionality of the Service at any time, without prior notice. We reserve the right to suspend, remove, restrict or disable your access to parts or all of the Service at any time and without notice or liability, at our sole discretion. In no event, will the Company be liable for the suspension, removal, and restriction or disabling of your access to the Service or to any feature available therein.
Title and Ownership
Other than the rights explicitly granted to you herein, we reserve all rights, express or implied, in the Service including any derivatives, improvements and modifications thereof and associated intellectual property rights. All trademarks, service marks, product names, and trade names appearing on or through the Service are owned by us or other third parties.
Third Party Content
The Services may include third party content or links to third party websites (collectively, "Third Party Content"). Your use of Third Party Content available through the Services is subject to the terms and conditions of the applicable third party. We have no control over Third Party Content nor obligation to examine, review or monitor such Third Party Content, and we are not responsible for the accuracy, completeness, appropriateness or legality of Third Party Content. Hence, any use of Third Party Content is at your sole risk and responsibility. Further, Third Party Content available through the Service shall not be considered as endorsed or authorized by us. We may delete or remove any Third-Party Content without notification. You hereby waive any claim or legal rights or remedies you may have against us with respect to Third Party Content.
Disclaimer of Warranties, Limitation of Liabilities
The Company does not warrant, and is not obligated, to provide support, upgrades or updates. The Company does not warrant that the Service will be available at all time or operate without interruptions or errors and is not responsible for any or unauthorized access or use in and to the Services. The Services and any related features are provided "AS-IS" and "AS-AVAILABLE", without warranty of any kind. The Company hereby disclaims any and all warranties, to the maximum extent permitted by applicable law, express or implied, including without limitation, any warranties of design, operation, fitness for a particular purpose, satisfaction, merchantability, or non-infringement. The entire risk arising from any use or reliance on the Services is solely borne by you. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
The Company, its officers, employees, licensors, affiliates, successors or assigns shall not have any liability to you or any third party for any matter arising out of these Terms or your use or inability to use the Services, whether in contract, tort or otherwise, or for any damages, whether direct, indirect, special, incidental, exemplary, punitive or consequential damages arising out of the use or inability to use the Services, including for any loss or damage to business earnings, loss of goodwill, lost profits, loss of data, computer damage or system failure or costs of procurement of substitute goods or services, suffered by you and/or any third party, even if we are or have been expressly advised of the possibility of such damages. Your only right or remedy with respect to any errors or dissatisfaction with the Services, is to cease using the Services and uninstall. Notwithstanding the above, to the fullest extent possible under applicable law, in no event shall the Company's aggregate liability for any claim arising out of or related to the Services or these Terms, exceed the cost of the Services.
You will indemnify, defend, and hold the Company and its employees, officers, directors, subsidiaries, affiliates or other partners, from and against all claims, demands, suites, costs, damages, losses, liability, and expenses, including legal expenses and reasonable attorneys' fees, arising of or incurred as a result of your use of the Services, or your violation of these Terms. You are solely responsible for your actions when using the Services.
Term and Termination
These Terms are valid as of the date in which you install the Extension. You may stop using the Services and uninstall the Extension at any time by using the standard uninstall processes available by your browser. Without prejudice to any other rights, the License granted herein and these Terms shall terminate immediately, without notice, if you fail to comply with any provision of these Terms. Further, we may terminate these Terms and discontinue, terminate, suspend or modify any aspect of the Service at any time, with or without prior notice, and with or without cause.
If you have any dispute with us please first try to contact us and resolve any issues there may be in an informal procedure. In the event the dispute cannot be resolved in such informal and friendly manner, you and the Company hereby agree to resolve any claim by binding and exclusively arbitration by the "AAA" (i.e., the American Arbitration Association). You agree that, by entering into these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action. All claims must be brought in the parties' INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding and the arbitrator may not consolidate more than one person's claims. This provision will survive the termination of these Terms. If you wish to opt-out of this arbitration provision, you must provide the Company with a clear written statement of your wish to opt-out ("Opt-Out Statement"). The Opt-Out Statement shall include your full name and residence address. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. You hereby agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan. Any cause of action you might have relating to the Service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
Changes to the Terms
We reserve the right, at our discretion, to revise or update these Terms of Service at any time. Such changes shall be effective upon publication of the amended Terms. The last revision will be reflected in the "Last Modified" heading. YOUR CONTINUED USE OF THE SERVICES THEREAFTER CONSTITUTES YOU CONSENT TO SUCH CHANGES AND YOU AGREE TO BE BOUND BY THEM. PLEASE MAKE SURE TO REVIEW OUR TERMS PERIODICALLY.
If you have any questions about these Terms of Service, or wish to report violators of these Terms of Service, please contact us at:
APP N PLAY MOBI. LTD
Or by mail at: Igal Alon 114 St. Tel-Aviv, Israel