Last Updated: May 23, 2012
ACCEPTANCE OF TERMS
Any person who wishes to use the Plugin must agree to this Agreement, as well as all policies and guidelines incorporated by reference in this Agreement. This Agreement is a legally binding agreement between you and Licensor.
BY DOWNLOADING, INSTALLING OR USING THE PLUGIN, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE OR DOWNLOAD THE PLUGIN.
CHANGES TO THIS AGREEMENT
YOU AGREE THAT YOUR CONTINUED USE OF THE PLUGIN FOLLOWING THE POSTING OF ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, STOP USING THE PLUGIN AFTER THE EFFECTIVE DATE OF SUCH CHANGES AND UNINSTALL THE PLUGIN.
We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features or nature of the Plugin which Licensor provides may change from time to time without prior notice to you. We may also cease or discontinue providing the Plugin or support or upgrades for the Plugin at any time.
INFORMATION COLLECTED AND STORED BY THE PLUGIN; UNINSTALLING THE PLUGIN
OTHER WEBSITES TO WHICH THE
PLUGIN LINKS OR REFERS; BUNDLED PLUGINS AND OTHER THIRD-PARTY
The World Wide Web changes constantly, and no technique can ever index all pages accessible on the Web. As a result, Licensor cannot guarantee the completeness or accuracy of the websites or URLs to which the Plugin links to or operates on.
Further, the process of linking to or operating on websites in the Plugin is largely automatic. Licensor does not screen the websites included in the Plugin, and these websites (other than our homepage) are maintained by persons over whom Licensor exercises no control. For these reasons, Licensor assumes no responsibility for the content of any such website or URL to which the Plugin links or refers and is not responsible for errors or omissions or for offensive or objectionable content contained on any such website or URL to which the Plugin links or refers.
Licensor occasionally receives requests to change or remove websites to which the Plugin links or refers. Licensor reserves the right to address such requests on a case-by-case basis, and our editors will review and seriously consider the new suggestions that are submitted.
When installing the Plugin, it attempts to detect other software that may interfere with its functioning, usually similar types of software. By installing the Plugin, you consent to the Plugin in disabling other conflicting software and we understand you have chosen to use our software to customize your social media pages over other available software packages. You also agree that the Plugin requires modern computer hardware and software and a minimum amount of resources; using this Plugin with insufficient resources may affect the performance of your computer.
ILLEGAL, UNAUTHORIZED, OR
FRAUDULENT CONTENT OR ACTIVITIES
Licensor has the right, but not the obligation, to monitor any activity and content associated with the Plugin. Licensor may investigate any reported violation of its policies or this Agreement and take any action it deems appropriate, including terminating your access to the Plugin without notice.
Licensor may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests; to protect Licensor's systems, users or third parties; to ensure the integrity and operation of Licensor's business and systems; or in response to subpoenas, court orders, or legal requirements, Licensor may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By downloading, installing, or using the Plugin, you expressly consent to the foregoing use and disclosure.
CONTENT ACCESSIBLE THROUGH THE PLUGIN
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Plugin is the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content."
You should be aware that Content presented to you through your use of the Plugin, including but not limited to advertisements and sponsored Content displayed as a result of the Plugin, may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to or for the use of Licensor (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Licensor or by the owners of that Content, in a separate agreement.
Licensor reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content. You understand that by using the Plugin you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect as well in others, you use the Plugin at your own risk.
The Plugin is controlled and operated by Macte! Labs, Inc. The Plugin, including all accompanying code, images, text, illustrations, logos, brands, and audio and video files (collectively "intellectual property"), are protected by copyrights, trademarks, or other proprietary rights which are either owned by Licensor or parties who have licensed their intellectual property to Licensor. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Plugin is the exclusive property of Licensor and its affiliates and protected by U.S. and foreign laws and international copyright treaties. Materials from the Plugin may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Licensor's intellectual property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization, is a violation of Licensor's copyrights and other proprietary rights and is strictly prohibited.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Plugin. Unless you have been expressly authorized to do so in writing by Licensor, you agree that in using the Plugin, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
The proprietary software associated with the Plugin, including any enhancements or modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Licensor grants to you a limited, personal, nonexclusive, revocable, nonassignable, nontransferable license to download, install, and use the Plugin to and on a single computer and to use the Plugin solely as permitted under this Agreement. All rights not expressly granted to you by the foregoing sentence are reserved by Licensor. Without limiting the generality of the foregoing, you may not copy, modify, distribute or reverse engineer, decompile or disassemble, or make any derivative works based on the Plugin, except that you may make one copy of the Plugin for back-up purposes. You may not use the Plugin for any commercial purpose, and you may not transfer, sell, assign, or convey it to another party without Licensor's prior written consent. Any unauthorized use terminates the permission or license granted by Licensor in this paragraph.
You agree not to access (or attempt to access) the Plugin or any Internet service it interacts with by any means other than through the interface that is provided by Licensor, unless you have been specifically allowed to do so in a separate agreement with Licensor. You specifically agree not to access (or attempt to access) the Plugin any Internet service it interacts with through any automated means (including use of scripts, spiders or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on or in connection with the Plugin. You agree that you will not engage in any activity that interferes with or disrupts Licensor"?s provision of the Plugin (or the servers and networks which are used in providing the Plugin).
Licensor may at any time, without or without notice, terminate the Agreement or block or disable your access or use of the Plugin if:
(A) Licensor believes that you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Agreement); or
(B) Licensor is required to do so by law (for example, where the provision of the Plugin to you is, or becomes, unlawful); or
(C) Licensor is transitioning to no longer providing the Plugin to users in the country in which you are resident or from which you use the Plugin; or
(D) the provision of the Plugin to you by Licensor is, in Licensor's opinion, no longer commercially viable; or
(E) Licensor believes that your use of the Plugin may infringe or violate the rights of a third party or subject Licensor to civil or criminal liability.
All of the provisions of this Agreement which, by their nature, are intended to survive termination hereof (including, without limitation, all provisions relating to indemnification, disclaimer of warranties, indemnification, intellectual property rights, limitation of liability, applicable law, jurisdiction and venue, class actions and general matters), shall do so.
The Plugin may automatically download and install updates from time to time from Licensor. These updates are designed to improve, enhance and further develop the Plugin and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Licensor to deliver these to you) as part of your use of the Plugin.
You agree to defend, indemnify, and hold harmless Licensor and its affiliates, and each of their officers, directors, employees, agents, representatives, members, partners, advertisers, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Plugin by you, or by any other person using the Plugin through you or using your computer.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE PLUGIN IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE PLUGIN IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, LICENSOR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER LICENSOR NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE PLUGIN, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE; (ii) THAT THE PLUGIN WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE PLUGIN WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE PLUGIN; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE PLUGIN IS NONINFRINGING. LICENSOR AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE LICENSOR AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PLUGIN, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF LICENSOR OR ANY OF ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF THE PLUGIN (INCLUDING ANY BUNDLED THIRD-PARTY PLUGINS OR SOFTWARE AS DESCRIBED IN THE PARAGRAPH ABOVE ENTITLED "OTHER WEBSITES TO WHICH THE PLUGIN LINKS OR REFERS; BUNDLED PLUGINS AND OTHER THIRD-PARTY SOFTWARE") IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF SUCH SOFTWARE AND/OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL LICENSOR, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, MEMBERS, ADVERTISERS, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, DATA OR USE OF SYSTEMS, ARISING OUT OF (i) USE OF THE PLUGIN BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, DEFECTS, MALFUNCTIONS, ERRORS OR OMISSIONS IN, ANY INFORMATION, CONTENT OR SOFTWARE ACCESSED VIA THE PLUGIN OR BUNDLED WITH THE PLUGIN, OR (ii) ANY USE OR INABILITY TO USE THE PLUGIN FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE PLUGIN.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
APPLICABLE LAW; JURISDICTION
AND VENUE; CLASS ACTIONS
To the extent permitted by APPLICABLE law, YOU agree that YOU will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that YOU MAY HAVE AGAINST LICENSOR, its affiliates or ITS OR their respective employees, officers, directors, members, managers, PARTNERS, advertisers, representatives and assigns. YOU AGREE to the entry of injunctive relief to stop such a lawsuit or to remove YOU as a participant in the suit. YOU AGREE to pay the attorney's fees and court costs that LICENSOR incurs in seeking such relief. This provision preventing YOU from bringing, joining or participating in class action lawsuits is an independent agreement and does not constitute a waiver of any of YOUR rights and remedies to pursue a claim individually and not as a class action.
If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Licensor's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Licensor's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.