ATTENTION: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE AND DOWNLOADING THE BLINKX BEAT SOFTWARE. IF YOU USE THE SITE OR DOWNLOAD THE BLINKX BEAT SOFTWARE YOU AGREE TO EACH OF THE FOLLOWING TERMS OF SERVICE.
This is a legally binding contract between you and blinkx, Inc. By downloading, installing, copying, running, or using our blinkx Beat or other software (collectively "Software") available via www.blinkxbeat.com and other websites we own that post a link to this agreement (collectively the "Sites"), you agree to be bound by the terms of this Agreement. You also acknowledge and agree to our Privacy Policy. If you do not agree to these terms, you must navigate away from our Sites, not download the Software, and you must delete or otherwise destroy any copies of the Software in your possession.
If you are under 18, you must have your parent or guardian’s permission before you use our Sites or download Software. In order to comply with the Children’s Online Privacy Protection Act, we will not knowingly collect personally identifiable information from children under the age of 13. Please do not download the Software or visit the Sites if you are under the age of 13.
Your use of the Software signifies that you have reviewed and agreed to the End User License Agreement.
Please note that this Agreement may be modified by us from time to time, it is your obligation to review this site periodically. Your continued use of the Software is your affirmative agreement to any changes to this Agreement. If you breach any term in this Agreement your right to use the Sites and Software will terminate automatically.
1. Delivery of Advertising. By accessing the Sites and downloading the Software, you hereby grant us permission to display promotional information, advertisements, and offers for third party products or services (collectively “Advertising”). The Advertising may include, without limitation, content, offers for products or services, data, links, articles, graphic or video messages, text, software, music, sound, graphics or other materials or services. The timing, frequency, placement and extent of the Advertising changes are determined in our sole discretion. You further grant us permission to collect and use certain aggregate information in accord with our Privacy Policy.
2. Your Obligations. You agree to use the Sites and Software only for lawful purposes. You agree not to take any action that might compromise the security of the Sites, render the Sites inaccessible to others or otherwise cause damage to the Sites or the Software. You agree not to use the Sites in any manner that might interfere with our or any third party’s ’rights. You represent and warrant that (a) you are the owner or an authorized user of the computer that the Software is installed on, (b) you will use the Software, and the Sites only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations, and (c) you are at least thirteen years of age. Persons under thirteen years of age may not use the Software. You agree not to use any automated or manual process to interfere with, modify, or attempt to interfere with or modify the Software, except to uninstall the Software from a computer where you are the owner or an authorized user. You acknowledge sole responsibility for installing appropriate anti-virus software and other security measures on your computer. You may not use, or export the Software in violation of applicable U.S. laws or regulations. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES IN A MANNER THAT IS PROHIBITED BY APPLICABLE EXPORT LAWS AND REGULATIONS. BY DOWNLOADING OR USING THE SOFTWARE OUTSIDE THE UNITED STATES OF AMERICA, YOU ASSUME RESPONSIBILITY FOR COMPLIANCE WITH THE FOREGOING.
3. Grant of License. We grant you a non-exclusive, non-transferable and non-assignable license to use the Software within the United States of America, in accordance with the terms of service of this Agreement. Other than the rights expressly granted hereunder, no other right is granted. You agree not to add to, subtract from or otherwise modify, translate, disassemble, decompile, reverse engineer, or create derivative works of the Software. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the Software.
4. Termination. This license will immediately terminate if you violate any provision of this Agreement. We may also terminate this license at any time without notice.
5. Ownership. We own all intellectual property rights in and to the Software. This license is not a sale and does not render you the owner of a copy of the Software. Ownership of the Software and all components and copies thereof will at all times remain with us, regardless of who may be deemed the owner of the tangible media on which the Software is copied, encoded or otherwise fixed.
6. Disclaimer of Warranties. WE PROVIDE ALL SOFTWARE “AS IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY WHATSOEVER. ALL SITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT ANY PART OF THE SOFTWARE NOR DO WE REPRESENT THE SOFTWARE WILL MEET YOUR NEEDS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
7. Exclusive Remedy. IF YOU ARE DISSATISFIED WITH THE SITES, THE SOFTWARE OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND SOFTWARE.
8. Limitations of Liability. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED ONE DOLLAR (US$1.00). BY INSTALLING OR USING THE SOFTWARE, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES.
9. Third-Party Advertisers. We make no representations or warranties concerning any third-party offers. You agree that we are not responsible or liable for any loss or damage of any sort incurred, or as the result of the delivery or display of any offers from any third party. WE ARE NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS OF ANY THIRD-PARTY WEBSITE OR OFFERS. WE MAKE AN EFFORT TO SCREEN ALL OFFERS TO ENSURE THE BEST POSSIBLE EXPERIENCE FOR OUR USERS. HOWEVER, WE ARE NOT RESPONSIBLE FOR DEALINGS BETWEEN YOU AND A THIRD PARTY. YOU ARE HOWEVER RESPONSIBLE FOR AND MUST CAREFULLY REVIEW EACH THIRD PARTY OFFER AND READ THEIR TERMS AND CONDITION, AND THE PRIVACY POLICY.
10. Waiver of Claims and Indemnification. By accessing or using our Sites or downloading Software, you forever waive any and all claims you have or may have in the future against us. You shall indemnify and hold us our subsidiaries, officers, directors, attorneys, employees and licensors (each an “Indemnified Party”), harmless against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject that arise out of, or relate to: (i) your use or inability to use the Software; (ii) any violation of this Agreement or the license agreement or privacy policy governing any third party software; (iii) Your infringement or misappropriation or alleged infringement or misappropriation of any copyright, trademark, patent, trade secret or other personal or proprietary right; or (iv) any gross negligence or willful misconduct. You shall reimburse us for all legal and other expenses, including without limitation attorneys’ fees incurred in connection with investigating, defending or settling any claim or loss.
11. Privacy Policy. Your privacy is important to us and blinkx makes every effort to ensure that all of our products protect your privacy. blinkx Beat is not adware, nor does it make any record of your Internet usage. Most importantly, blinkx Beat never copies, forwards, or allows access to your personally identifiable information by third parties. For more information, please read the complete blinkx Privacy Policy.
12. Copyright Policy. If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify the blinkx immediately through the notification procedure outlined at http://www.blinkx.com/corporate/about/dmca, which is incorporated here by reference and made a part of this TOS.
Effective: February 21, 2013