Last Updated: July 20, 2016
Plugtopus, Inc. ("Plugtopus") is pleased to provide you its non-mobile downloadable search applications including browser extensions/add-ons which are installed on your computer (each, a "Plugtopus Product", and collectively, the "Plugtopus Products"). PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY Plugtopus Products, for this End-User License Agreement governs your use of the Plugtopus Products and how we provide our Plugtopus Products.
This End-User License Agreement ("EULA") is a legal agreement between you and the Plugtopus Interactive, Inc. and its parent, affiliate and subsidiary companies (collectively, "Plugtopus", "we", "us" or "our") for the Plugtopus Products. By installing or otherwise using the Plugtopus Products, you: (a) agree to be bounded by the terms of this EULA, (b) you are the owner or an authorized user of the computer or mobile device in which the Plugtopus Product will be installed, and (c) 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. The terms of this EULA also applies to any Plugtopus Product updates, supplements, and services. If you do not agree to the terms of this EULA, do not install or use the Plugtopus Products. Plugtopus may amend these terms from time to time. If you do not agree with any amendment, you must discontinue using the Plugtopus Products.
Plugtopus may acquire or develop new Plugtopus Products from time to time that require additional end user license terms. In such case, we may add these additional provisions in a product specific annex or section that will only apply to such new Plugtopus Product and will not vary the terms of this EULA in relation to your use of existing Plugtopus Products (and, as such, we will not be required to notify you of such additional terms unless you also use the new Plugtopus Products).
If you have any questions or concerns regarding the terms herein, please email Plugtopus at [email protected]. Do not use the Plugtopus Products until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group.
You must be 13 years of age or older to install or to use the Plugtopus Products. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Plugtopus Products for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access a Plugtopus Product, you agree to the terms of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the Plugtopus Products or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the Plugtopus Products, please contact us at [email protected].
Subject to your compliance with the terms and conditions of this EULA, Plugtopus grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Plugtopus Products (including all updates thereto) solely for your lawful, personal, and non-commercial use.
A) Restricted Use. 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 Plugtopus Products or use the Plugtopus Products for the benefit of any third party. You may not install the Plugtopus Products 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 Plugtopus Products, except to remove our Plugtopus Products 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 tamper with any Plugtopus Products, or attempt to do so for any reason. You may not access, create or modify the source code of any Plugtopus Products in any way. You do not have the right to and may not create derivative works of any Plugtopus Products. All modifications or enhancements to an Plugtopus Products remain the sole property of Plugtopus.
B) Plugtopus Products Updates. We reserve the right to add or remove features or functions to existing Plugtopus Products. When installed on your computer, the Plugtopus Products periodically communicates with our servers. We may require the updating of the Plugtopus Products on your computer when we release a new version of the Plugtopus Products, 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 EULA before you will be permitted to use any subsequent versions of the Plugtopus Products. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Plugtopus Products.
C) Mobile Usage. If you access an Plugtopus Product through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. Downloading, installing or using certain Plugtopus Products may be prohibited or restricted by your network provider and not all Plugtopus Products may work with your network provider or device.
A) Third-Party Services and Content. The Plugtopus Products may integrate, be integrated into, bundled, or be provided in connection with third-party services, feeds and/or content. If you are installing an Plugtopus Product that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Plugtopus Products may provide access to search results or other links to Third Party Partner websites or resources. Plugtopus has no control over such sites and resources, in which you acknowledge and agree that Plugtopus is not responsible for the availability of such external sites or resources, and does not endorse nor is 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 Plugtopus 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 (as defined below), goods or services available on or through any such site or resource.
B) Access to Third-Party Services and Content through Plugtopus Products. All services, feeds and 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 a Plugtopus Product, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an Plugtopus Product 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 Plugtopus be liable in any way for any Content created by or originating with entities other than Plugtopus, 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 an Plugtopus Product.
We have security measures in place that are designed to safeguard and help prevent unauthorized access to information we collect online through our Plugtopus Products. We utilize both industry and proprietary standards to preserve the confidentiality of information. We seek to limit access to our users' information to employees who we believe reasonably need access to that information to provide products or services to you or in order to perform their jobs. Unfortunately, no security system can be 100% secure; accordingly, we cannot guarantee the security of the information that we collect online.
A) Registration. Most Plugtopus Products will not require a registration: however, some Plugtopus Products may permit or require you to create an account to participate or access additional features or functionalities ("Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities, associate website or specific service. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner's website for their policies.
B) Passwords. You are the sole and exclusive guardian 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.
C) Provided Information. If you provide any information in connection with a Registration, 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 Plugtopus Product, 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 EULA and in furtherance of your use of our services.
You can easily uninstall a Plugtopus Product by either: (1) following the steps described in Windows Add/Remove programs dialog found in the control panel, or (2) clicking on the "help" or "setting" button within the Plugtopus Product and following the steps to "uninstall".
The Plugtopus Products, including all code, content, protocols, software, and documentation provided to you by Plugtopus are Plugtopus's property or the property of Plugtopus'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 Plugtopus Products. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors.
The Plugtopus name, logos and affiliated properties, are the exclusive property of Plugtopus, Inc. All other trademarks appearing on any Plugtopus Product are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through an Plugtopus Product. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
A) Copyright Protection of content you display using our services. You are solely responsible for any Content you contribute, submit or display on or thorough your use of the Plugtopus Product(s). It is your obligation to ensure that such 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 contribute, submit or display.
B) Plugtopus respects and expects its users to respect the rights of copyright holders. On notice, Plugtopus will act appropriately to remove content that infringes the copyright rights of others. Plugtopus reserves the right to disable the access to Plugtopus Products or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe a Plugtopus Product, or elements, infringe your copyright rights, Please contact Plugtopus, Inc.'s Copyright Agent at:
29 Wells Avenue, Suite 300
Yonkers, NY 10701
email: [email protected]
Please ensure you communication includes the following:
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.
C) Objectionable Content. Plugtopus may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Plugtopus's sole discretion. "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
D) Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through the use of the Website. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of marketing and/or promotion of the 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 Plugtopus. None of the Submissions shall be subject to any obligation of confidence on the part of Plugtopus, and Plugtopus shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Plugtopus 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.
E) Repeat Infringer Policy. Plugtopus will terminate a user's access to a Plugtopus Product(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.
F) No Intended Third Party Beneficiaries. No third party is an intended beneficiary of this License.
You understand that Plugtopus, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Plugtopus Products at any time. Further, Plugtopus, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Plugtopus Products or any of its component features. You agree that Plugtopus shall not be liable to you or any third-party for any termination or disabling of the Plugtopus Products.
ALL Plugtopus Products ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. Plugtopus EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, Plugtopus MAKES NO WARRANTY THAT THE Plugtopus Product WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE Plugtopus Products WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE Plugtopus Product OBTAINED WILL MEET YOUR EXPECTATIONS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF AN Plugtopus Product REMAINS SOLELY WITH YOU.
Plugtopus EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
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 EXPRESSLY UNDERSTAND AND AGREE THAT Plugtopus SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Plugtopus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE MS PRODUCT; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE Plugtopus Product. IN NO EVENT SHALL Plugtopus'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AN Plugtopus Product.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE Plugtopus Product, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Plugtopus, 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 THE Plugtopus Products, YOUR VIOLATION OF THE EULA 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 Plugtopus OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
The Plugtopus Products 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 Plugtopus Product, 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.
Any Plugtopus Products 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 Software" and "Commercial Computer Software 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 Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
The substantive laws of the State of New York in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the Plugtopus Products. You hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in New York County, New York, with respect to all matters arising out of or relating to this EULA.
No failure or delay by Plugtopus in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about this EULA or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows:
29 Wells Avenue, Suite 300
Yonkers, NY 10701
email: [email protected]