Restrictions To The Use Of Extensions
You acknowledge that any extension application and related documentation that may be available to download or access from the Site (the "Extension") is the copyrighted work of browserg and the applicable developer of the application code embedded within such Extension. You agree that the use of the Extensions is governed by the terms of the License Agreement which accompanies or is included with the Extension. If you do not agree to any of the terms of the License Agreement, then you must not download, install or use the Extensions.
Developer Agreement for the browserg Services As part of the Site services, browserg offers hosted solution for developing, distributing, maintaining and hosting desktop apps and cross-browser extensions ("browserg Developer Services"). If you are a developer, you acknowledge that the use of the browserg Developer Services is subject to the Developer Agreement which is linked inside your developer account.
Ability to Accept Terms
By accessing or using the Site, you hereby confirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to browserg's attention through reliable means that a registered user is a child under 18 years of age, browserg may cancel that user's account and/or access to the Site, at its sole discretion.
A. browserg hereby grants you permission to use the Site, provided that: (i); you will not copy, distribute or modify any part of the Site without browserg's prior written authorization; (ii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) you will not disrupt servers or networks connected to the Site; and (v) you comply with these Terms. B. In order to access some of the services of the Site (including the browserg Developer Services) (the browserg Developer Services and other services offered under the Site shall be referred collectively as the "Services"), you may have to create an account. You must never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure. You must notify browserg immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of browserg or others due to such unauthorized use. browserg will not be liable for your losses caused by any unauthorized use of your account. C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the browserg servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. D. browserg, in its sole discretion, has the right to terminate your access to the Site immediately and with or without cause. Notwithstanding, in the event that you are a Developer and browserg finds that you breached any of these Terms, browserg will be entitled to block your access to the Site, cease your use of any of the Services and terminate your account on the Service. Consequently, browserg may delete from browserg servers any portions of your Code (as defined in the Development Agreement) and you may lose access to the Extension and Code as a result. You should be aware that in such case the Extensions generated by browserg to your Code will no longer be accessible to Users (as defined in the Developer Agreement) who downloaded them. browserg, independently or by authorized service providers (e.g. advertisers and partners), may offer to the Users new Extensions adapted to browserg application code, with targeted advertisements, commercials or other services. You hereby acknowledge and agree that you will have no claim or demand against browserg with this respect and you agree to honor and fully accept browserg discretion, judgment and decisions in the termination of your access and/or use of the Site or any of the Services and you will be solely responsible for any consequences resulting therefrom, including with respect to the Users' inability to use the Extensions as a result of such termination.
Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site ("Content"), the trademarks, service marks and logos contained therein ("Marks"), the hosted solution and cross-browser extensions service and software and such software components ("Service") and/or any Intellectual Property Rights (as defined below) related thereto, are owned by or licensed to browserg. Content and Service on the Site are provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever, unless expressly permitted by browserg. browserg reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. "browserg", the browserg logo, and other marks are Marks of browserg or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners. This section shall survive any termination of these Terms.
A. The Site permits the submission of Content by you and other users ("User Submissions") and the hosting, sharing and publishing of such User Submissions. You understand that whether or not such User Submissions are published, browserg does not guarantee any confidentiality with respect to any User Submissions. User Submissions shall not include any portions of the Code you submit to browserg as a developer for the generation of Extensions by browserg (as such terms are defined in the Developer's Agreement). browserg has a complete discretion whether to publish your User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. browserg has the right in its sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on its Site (including User Submission) at any time and for any reason. Without limiting the foregoing, browserg has the right to delete any comment that it believes, in its sole discretion, does or may violate these Terms by you. B. You represent and warrant that: You own or have the necessary rights and permissions to use and authorize browserg to use all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to browserg, you hereby grant browserg a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and browserg's (and its successor's) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels and you hereby waive any moral rights in your User Submission, to the extent permitted by law. You also hereby grant each user of the Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions. C. You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft, money laundering or terrorism; or (viii) is otherwise malicious or fraudulent. D. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that browserg is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against browserg with respect thereto, and agree to indemnify and hold browserg, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of browserg, its users or the public.
browserg attempts to be as accurate as possible. However, browserg cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. browserg reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
Copyright and Content Policy
It is the policy of browserg to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), browserg has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites. Please be advised that We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide browserg's Copyright Agent with the following information in accordance with the DMCA: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the browserg's Site, with enough detail that We may find it on our Site; providing URLs in the body of an email is the best way to help us locate content quickly; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. browserg's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: firstname.lastname@example.org
Limitation of Liability and Warranty
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
You agree to defend, indemnify and hold harmless browserg, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions or any portion of your Code caused damage to a third party. This defense, hold harmless and indemnification obligation will survive these Terms and your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by browserg without restriction or notification to you.
Last updated: 10/25/2012