Browser IO Application Terms of Service

 

Updated September 21, 2016

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS BROWSER IO END-USER LICENSE AGREEMENT (THE "EULA", “Terms of Service” OR “AGREEMENT”) BEFORE DOWNLOADING, INSTALLING, ENABLING, OR USING (COLLECTIVELY “USE” OR “IN USE” OR “USING”) ANY SOFTWARE AND/OR SERVICES AND/OR FEATURES PROVIDED BY THIS WEBSITE (COLLECTIVELY, THE "SOFTWARE", “SERVICES”).

 

THE SOFTWARE IS A SERVICE OF EIGHTPOINT TECHNOLOGIES LTD, (“EIGHTPOINT”) A CAYMAN ISLANDS COMPANY, DISTRIBUTTED UNDER AN EXCLUSIVE LICENSE BY BROWSER IO, (“BROWSER IO”, “WE”, “US”) A CYPRUS COMPANY. THIS IS A LEGAL AGREEMENT BETWEEN BROWSER IO AND YOU.

 

THESE TERMS OF SERVICE REQUIRE THE USE OF CYPRUS ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A COURT OR JURY TRIAL OR CLASS ACTION. All differences of any nature that may arise in relation to this contract between the contracting parties, shall be referred to arbitration by a single Arbitrator in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4. The Arbitrator will be proposed by the Arbitration Service of the Cyprus Chamber of Commerce and Industry and must be approved by the contracting parties. In case of disagreement between the contracting parties on the proposed Arbitrator, the Arbitrator will be appointed in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4.

 

THIS EULA AND THE BROWSER IO PRIVACY POLICY, ALL OF WHICH IS INCORPORATED HEREIN BY REFERENCE (AND COLLECTIVELY REFERRED TO HEREUNDER AS THE “EULA”), GOVERN YOUR ACCESS TO AND USE OF THE SOFTWARE.

 

In the event of a conflict between this EULA and the Privacy Policy, the Privacy Policy will govern. Browser IO is willing to sublicense the Software to you only on the condition that you accept all the terms contained in this EULA. By selecting the "Next" or “Accept” button (or similar language provided by us) or by downloading, installing, or using the Software, you acknowledge and agree that you have read and understood this EULA and accept all of its terms.

 

If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, "you" and "your" will refer and apply to that entity. If you do not accept this EULA in its entirety, then Browser IO is unwilling to sublicense the Software to you and you may not access or Use any of the Software. Any Use of the Software by you under these circumstances will be considered a violation of intellectual property laws and may subject you to civil and/or criminal penalties.

 

Welcome to Browser IO.

We hope that you will enjoy the great features of our unique website and proprietary Browser IO Application (the "Browser IO Application," “Browser IO”, “Software” or “Resources”) and the services we provide (the "Services") as detailed below. Browser IO is service of Browser IO (“we,” “us,” or “our”) and this Agreement is a legal agreement between you and us setting forth, among other things, the terms and conditions for (i) your access and use of the Browser IO Application, the website where you downloaded the application and any related sub-domains, which are operated by Browser IO (the "Website"), (ii) the download and use of the Browser IO Application and (iii) the provision of the Services.

We reserve the right to change these Terms of Service from time to time without notice. You acknowledge and agree that it is your responsibility to review this Terms of Service periodically to familiarize yourself with any modifications. Your continued use of our Services or this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. If we make any substantial changes to the Terms of Service, we will present you a notice via the Browser IO Application and post a prominent notice on our home page with a copy of the previous changes along with any substantial changes we made.    By continuing to Use the Software after Browser IO has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the Software. This Agreement will also govern any software upgrades and/or updates provided by Browser IO that upgrade and/or supplement the Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

How Browser IO Works.

The Resources are intended for a general audience, and children and minors under the age of eighteen (18) are not permitted to access or use the Resources, absent express consent from their parents or guardians. We do not intentionally solicit or collect personal information from anyone under the age of 18. If you believe that we might have any information from or about a minor under age 18, please contact Browser IO through our contact form at: https://search.browserio.com/about/Contact and we will remove it. If you are a parent or guardian who approves of your minor’s use of the Services, please contact us through the same form, and provide to us the age and email address of your minor on whose behalf you are contacting us.

While we take every precaution to ensure that the Browser IO Application is compatible with other applications installed on your device, it is still possible that it may interfere with the functionality of other applications. If you notice any problems with the Browser IO Application interfering with other applications on your device, please contact us at support@browserio.com .

In order to access our Customer Support, please click on this link https://search.browserio.com/about/contact and fill out the form. If you wish to uninstall Browser IO please go to https://search.browserio.com/about/uninstall and follow the posted uninstall instructions.

 

Third Party Sites. The Website, the Browser IO Application and the Services may contain links to third party sites or resources that are not owned or controlled by Browser IO. Browser IO has no control over, and assumes no responsibility for the content, privacy policies, practices or availability of any third party sites or resources or the products, services or other materials on or available from such sites or resources. You are and remain subject to the policies of those third parties where applicable. By using the Website, the Browser IO Application and the Services, you expressly relieve Browser IO from any and all liability (direct or indirect) arising from your use of any share functionality or third-party site or resource accessed from the Website, the Browser IO Application or the Services. We encourage you to ask questions before you disclose your personal information to anyone. We reserve the right to change, modify or delete links to third party websites without notice.

Partners. Browser IO and/or its affiliated partners/associations/organizations which participate in the growth of the Services may present advertisements or promotional materials on or through the Website and/or the Browser IO Application (including, without limitation within/around the search results provided by Browser IO). Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website and/or the Browser IO Application are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Browser IO is not responsible or liable for any loss or damage of any sort (direct or indirect) incurred as the result of any such dealings or as the result of the presence of such third party materials on the Website or made available through the Browser IO Application. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Browser IO.

Service Interruptions.

Interruptions. You acknowledge that: (i) your access to and use of the Website, the Browser IO Application and/or the provision Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website, the Browser IO Application and/or the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Website, the Browser IO Application and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Website and/or the Browser IO Application or other event that we determine, in our sole discretion, that a risk to the applicable Service, to you or to any of our other users may be created if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Interruptions").

No Liability. Browser IO shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.

Notice of Interruption. To the extent we are able, we will endeavor to post updates on the Website regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.

Surviving Obligations. All provisions of the Terms of Service which by their nature should survive expiration or termination shall survive the expiration or termination of the Terms of Service, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website and the Browser IO Application shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to Browser IO, including without limitation any indemnification obligations contained herein.

Uninstall. To uninstall the Browser IO Application, visit the uninstall instructions .

Intellectual Property.

Grant of License. Browser IO grants you a non-exclusive, non-transferable, worldwide, revocable license to access and use of the Website, the Browser IO Application and the Services in accordance with the terms set forth in the Terms of Service. The Website, the Browser IO Application and the Services are made available to you for your non-commercial use only. You need to obtain our permission if you want (i) to sell, distribute, license or in any other way exploit, in whole or in part, the Services, the use of the Website or the Browser IO Application (including by way of a bundle with other products and/or services) or any information or software associated with them or (ii) to modify or create derivative works from the Website and/or the Browser IO Application, in whole or in part.

Reservation of Rights. Browser IO reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you under the Terms of Service, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms of Service is void.

Trademarks and Copyright. The following are trademarks (registered or not) of Browser IO: "Browser IO", as well as certain other Browser IO trademarks, service marks, graphics, and logos (collectively, the "Trademarks") used in connection with the Website or the Browser IO Application and the provision of Services. The Website and/or the Browser IO Application may also contain third-party trademarks, service marks, graphics, and logos, including with respect to products and/or services that may be purchased on our partners' websites (collectively, the "Other Trademarks").

Copyright. All content displayed on the Website and through the Browser IO Application as well as all the software (including any source code) used in connection with the Services is the exclusive property of Browser IO or third parties and is protected by copyright laws.

No License. Nothing appearing on the Website will be construed as granting you any license, right, title or interest relating to the Trademarks, the Other Trademarks or other intellectual property used in connection with the Website, the Browser IO Application and/or the Services (collectively, the "Intellectual Property") and the Intellectual Property remains the exclusive property of Browser IO or owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. Also, you cannot mirror any material contained on the Website or made available through the Browser IO Application.

Feedback. If you choose to communicate suggestions for improvements to the Website, the Browser IO Application or the Services (collectively, "Feedback"), we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) Browser IO is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Browser IO shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) Browser IO may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from Browser IO under any circumstances.

Copyrights/Trademarks.

All content and materials available on Browser IO, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Browser IO, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Browser IO.

Termination of Use.

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Choice of Law and Venue.

This Agreement shall be interpreted and enforced in all respects under the laws of the Country of Cyprus as applicable to contracts to be performed entirely within the Country of Cyprus. Any litigation arising out of this Agreement will be brought solely and exclusively in the courts located in Cyprus and the parties agree that jurisdiction and venue properly lie in such courts and waive any claim that a proceeding in any such court has been brought in an inconvenient forum.

ARBITRATION.

All differences of any nature that may arise in relation to this contract between the contracting parties, shall be referred to arbitration by a single Arbitrator in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4. The Arbitrator will be proposed by the Arbitration Service of the Cyprus Chamber of Commerce and Industry and must be approved by the contracting parties. In case of disagreement between the contracting parties on the proposed Arbitrator, the Arbitrator will be appointed in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4.

 

No Guarantee.

UNLESS OTHERWISE EXPRESSED, Browser IO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Privacy.

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope and incorporated into this User Agreement. To read our privacy policy in its entirety, click here .

Miscellaneous.

These Terms of Service along with any another notices, policies, procedures, and terms and conditions on our Site contain the entire understanding with respect to your use of our Site and our Services. You and we are independent contractors and nothing in these Terms of Service creates a partnership, joint venture, employment, or agency relationship. You may not assign these Terms of Service or any rights or obligations herein without our prior written consent and any such assignment or attempt thereat will be null and void. No purported waiver of any provision of these Terms of Service by us will be effective unless in a writing signed by us. If any provision of these Terms of Service for any reason shall be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of these Terms of Service; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable. The failure by us to enforce any provision of these Terms of Service will not be deemed a waiver of such provision or any other provision.

Contact Information.

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: https://search.browserio.com/about/Contact

Disclaimers.

"AS IS" BASIS. THE WEBSITE, THE Browser IO APPLICATION AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU "AS IS." THE DOWNLOAD OF THE Browser IO APPLICATION AND/OR ANY USE OF THE WEBSITE, THE Browser IO APPLICATION AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE Browser IO APPLICATION AND/OR USE OF THE WEBSITE, THE Browser IO APPLICATION AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Browser IO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. Browser IO MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE, THE Browser IO APPLICATION AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Browser IO DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

Warranty Disclaimer.

Your Information. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON THE WEBSITE OR VIA THE Browser IO APPLICATION IS AT YOUR OWN RISK. Browser IO DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Third Party Content. SOME OF THE CONTENT DISPLAYED ON THE WEBSITE OR THROUGH THE Browser IO APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO UCG). YOU ACKNOWLEDGE THAT Browser IO ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.

Copyright Materials ALL IMAGES, LINKS, AND VIDEOS THAT APPEAR ON ANY SITE OR SERVICE ("SERVICE"), OWNED AND OPERATED BY Browser IO (HEREAFTER "Browser IO ", "WE", "OUR", OR "US"), ARE ASSUMED COPYRIGHTED BY THEIR RESPECTIVE OWNERS AND Browser IO CLAIMS NO CREDIT FOR THEM UNLESS OTHERWISE NOTED. IF YOU OWN THE RIGHTS TO ANY OF THE IMAGES, LINKS, OR VIDEOS AND DO NOT WISH THEM TO APPEAR ON THE SERVICE, PLEASE CONTACT US WITH THE INFORMATION REQUESTED IN THE SECTION "COPYRIGHT MATERIALS: NO UNAUTHORIZED USE" OF THESE TERMS OF SERVICE AND THEY WILL BE PROMPTLY REMOVED.

FURTHERMORE, NO CONTENT WITHIN OUR SERVICE (USER COMMENTS, RATINGS, PHOTOS, VIDEOS, LINKS, ETC.) REPRESENTS AN IMPLIED OR EXPRESS ENDORSEMENT OF ANY KIND BY ANY CELEBRITY, PERSON, USER, COMPANY, TEAM, LEAGUE, CHARITY, SCHOOL, STORE, OR ANY OTHER ENTITY REPRESENTED OR FEATURED ON THE SERVICE. ASSOCIATIONS OR CONNECTIONS ON THE SERVICE ARE FOR ENTERTAINMENT PURPOSES ONLY.

Limitation of Liability & Indemnity.

Limitation of Liability. IN NO CASE WILL BROWSER IO, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO (I) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, THE Browser IO APPLICATION OR THE SERVICES, OR (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE WEBSITE, THE Browser IO APPLICATION AND/OR THE SERVICES, OR (III) YOU RELIANCE PLACED BY YOU ON THE COMPLETNESS, ACCURACY OR EXISTING OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR THROUGH THE Browser IO APPLICATION,REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF Browser IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, BECAUSE THE Browser IO APPLICATION IS FREE, IN NO EVENT WILL Browser IO’S AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE Browser IO APPLICATION AND THE SERVICES) EXCEED US$1. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

Indemnity. YOU WILL INDEMNIFY AND HOLD BROWSER IO, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS AND EMPLOYEES HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS' FEES) ARISING OUT OF (I) YOUR BREACH OF THESE TERMS OF SERVICE; (II) ANY DAMAGES BY YOU OR YOUR USE OF THE WEBSITE, THE Browser IO APPLICATION AND/OR THE SERVICESCAUSED TO A THIRD PARTY; OR (III) YOUR USE OR MISUSE OF THE WEBSITE, THE Browser IO APPLICATION AND/OR THE SERVICES.

General

No Partnership. No agency, partnership, joint venture, or employment is created between you and Browser IO as a result of the Terms of Service and you do not have any authority of any kind to bind Browser IO in any respect whatsoever.

 

Contact Browser IO.

Browser IO Technologies Ltd
Nora Court, 3rd floor, office 301
Limassol, Cyprus 3040
support@browserio.com