MYWEBFACETM TOOLBAR END USER LICENSE AGREEMENT
1. Toolbar Installation
If you download the myWebFaceTM
toolbar ("myWebFace Toolbar" or "Toolbar"), you
will be:
You must be 13 years of age or older to install or to use
the myWebFace Toolbar. If
you are not yet 13, do not download the myWebFace Toolbar.
If you are at least 13 but not yet 18 years of age, please
have your parent or legal guardian review this End User License Agreement with you, discuss any questions you might have, and install
the Toolbar for you.
If you are a parent or a guardian, you are responsible for
exercising supervision over your children's on-line activities. If you do not agree to the End User License Agreement, do
not let your child use the myWebFace Toolbar
or associated features. If you are the parent or guardian of a child under 13
and believe that he or she is using the Toolbar, please contact us at eula@help.My Web Search.com.
This End User License Agreement is a legal contract between
you and Starnet Interactive, Ltd.If you do not understand or agree with any part of the rules outlined in this End User
License Agreement, please do not use the myWebFace
Toolbar. If you have any questions or
concerns regarding what is written here, please let us know by emailing us to eula@help.My Web Search.com. Do not use the myWebFace
Toolbar until these questions and concerns have been answered to your
satisfaction and you agree to abide by the End User License Agreement. By using
the myWebFace Toolbar, 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.
THIS PRODUCT IS NOT SPYWARE OR ADWARE. IT WILL NOT WATCH HOW
YOU USE YOUR COMPUTER. IT WILL NOT DELIVER POP-UP ADS.
2. Features of the myWebFace Toolbar
By downloading the myWebFace
Toolbar, you will be installing a toolbar in your Internet browser (and
any supported email functions and instant messenger functions) that contains
the following features provided by Starnet Interactive Ltd. or one or more of its
affiliated companies:
SEARCH BOX:
This is a search box located within the toolbar that will help you search the
Internet with search results from our search results partner.
SEARCH ASSISTANT:
This feature provides relevant links and results when you make a search request
in your browser address bar or if your browser address (DNS) request is
invalid, misspelled or incorrectly formatted.
MYWEBFACE: This is a tool that enables you to create your online cartoon avatar by choosing from a huge selection of facial features, characteristics and
accessories. Once you've achieved the cartoon look you want, use your myWebFace cartoon for your Facebook® profile, on other
social networks, or to represent you on your favorite messaging program.
GIRLSENSE:This
feature provides a link to the GirlSense virtual fashion
community where you can design trendy fashions, display them in original
boutiques and "sell" them to your peers.
WEBFETTI:
This feature enables you to customize a social networking profile page with layouts,
graphics, custom cursors, music and video.
SMILEY CENTRAL:
This allows you to insert smiley face emoticons and other graphics into your
web-mail, Outlook, Outlook Express and instant messages.
POPULAR SCREENSAVERS:
This provides you with photos and images that can be added to the user's
screensaver or PC desktop wallpaper. Also includes the ability to add personal
digital photos.
MY FUN CARDS:
This provides access to free electronic greeting cards that you can personalize
on the Web and send to any email address.
CURSOR MANIA:
Free computer mouse cursors that allow the user to change the look of his/her
default cursor to something more fun and expressive.
In addition, an Easy Installer will be downloaded to
install this software. It does not install any other software and is
automatically deleted the first time you turn off or reboot your computer after
installation of the above-described products.
You will also have access to websites and applications
related to the features described above. THE
TOOLBAR AND ALL FEATURES LISTED ABOVE ARE FREE.
3. Registration
NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED for use
of the Toolbar or associated websites or services, except as listed below:
Registration Information for
GirlSense Features:To be a part of the GirlSense community and participate in certain
of the different activities and community features provided on the site, you
may be asked to register and provide the following information:
The collected information received upon registration to GirlSense does not allow GirlSense to identify specific individuals, but gives GirlSense an idea of what we can do to make the site a more interesting and fun place to visit. Any information provided to GirlSense is governed by the GirlSense privacy policy which you can review at GirlSense privacy policy
Registration Information for today.smileycentral.com Features: Certain features that enable you to create enhanced personalized settings and to access the today.smileycentral.com home page from several computers are only available if you register. You may wish to provide a user name and password, an email address, and other personal information. Any information you provide to Smiley Central is governed by the FunWebProducts privacy policy which you can review at Fun Web Products privacy policy
Registration Information for Webfetti Features: Registration for Webfetti is optional. Certain features may only be made available to registered users. Any information you provide to Webfetti is governed by the FunWebProducts privacy policy which you can review at myWebFace privacy policy
Registration Information for My Fun Cards Features: My Fun Cards registration allows you to access and keep a
personalized address book to facilitate the sending of greeting cards and a
personal calendar to remind you of important "card-worthy" events. Any
information you provide to My Fun Cards is governed by the FunWebProducts
privacy policy which you can review at myWebFace privacy policy.
UNIFIED REGISTRATION: As a
service to our users, we may consolidate registration data for Webfetti, My Fun
Cards, Smiley Central and certain other specified websites, services or
applications accessible via the Toolbar, so that users are only required to
provide registration information once, and would then be able to use the same
unique ID and password to access all such websites, services or applications.
Passwords.
In order to access certain services, you may be required to accept additional
terms and conditions and/or establish an account including a unique ID and
password. You are the sole and exclusive owner 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.
Information you provide upon registration. You represent and warrant that you are either the owner or
an authorized user of the computer where the Toolbar is installed. If you
provide any information in connection with the use of any services offered on
or via the Toolbar, 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 Toolbar or associated websites, 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 Agreement and
in furtherance of your use of our services.
4. Un-installation/Removal of the myWebFace
Toolbar
The myWebFace Toolbar can be easily
uninstalled. If you want to uninstall this product, there are several ways
to do so:
5. Privacy and Use of Data
No Spyware, No Adware.
The myWebFace Toolbar does not collect
any personal information about you (such as your name, email address, etc.).
Further, it does not: (a) collect or report back to us (or anyone else) any
information about sites you visit on the Internet; (b) collect or
"screen-scrape" any search queries or information that you provide to
any other websites; (c) serve pop-ups when you are on other websites; or (d)
collect or report back to us (or anyone else) any data regarding your computer
keystrokes or other data unrelated to the services the Toolbar provides.
Search Queries.
The myWebFace Toolbar, in the course of
processing a given search query, sends a request to our servers or the servers
of our affiliated companies. This request includes the keyword query, time of
day, browser type, default language setting, IP address, an anonymous unique
ID, and a code which identifies the marketing or distribution source of the
toolbar used by you to conduct your search. If the search query is being
generated as the result of a misspelled URL or search term entered in to the
browser address bar, the misspelled URL address or search term is also received.
This information is used in order to properly process your search request. For
example, this data provides us with: information on which language you prefer
to use; aggregated click information for the purpose of ensuring that our
search partners are appropriately compensating us; information that allows us
to make accurate payments to our distributors; aggregated usage and retention
information; and aggregated search query information for the purpose of further
monetizing commercially oriented search keywords. All information collected
from a search query is recorded on a non-personally identifiable basis and is
kept strictly anonymous. The information collected is stored in a query log
for up to six months.In addition, all
information about search activity is evaluated only on an aggregated basis
(except in response to a customer service inquiry or legal process).
Cookies. The myWebFace Toolbar also uses "cookies". We do this
for two reasons. First, we use the cookies to store a code designating a
marketing or distribution source for the Toolbar. This information allows us to
properly distinguish between Toolbar versions for purposes of analyzing
retention and usage per marketing or distribution source, on an aggregated
basis. Second, the Toolbar uses cookies to store user preferences. For example,
we use a cookie to record which search engine you have selected as your default
provider. Upon accessing the search
results pages, cookies may also be placed on your computer, to store your use
preferences. We do not use cookies to track your use of the Internet in any
other way or to store any personally-identifiable information, and we do not
disclose cookie information to third parties (other than as required by legal
process).
Configuration Requests.
The myWebFace Toolbar also sends a
configuration request when you start your browser. This request is
approximately 5k in size and includes only anonymous data such as IP address,
browser type, and information about the specific release date and distribution
source of your Toolbar, as outlined above. Such information is anonymous,
non-personally identifiable, and is used only for purposes of delivering search
services and content in accordance with your preferences.
Use of Websites Available from the myWebFace
Toolbar. The information collection, information sharing,
options regarding submitted information and overall privacy practices for
GirlSense are set forth GirlSense privacy policy; and the privacy practices for the other
features associated with the Toolbar are set forth here Fun Web Products privacy policy Except
as provided for in the relevant privacy policy(ies), we do not collect any
personally identifiable information (such as names or email addresses) about
you, unless you specifically decide to provide such information (such as by
emailing a help request to us).
We do not sell, rent or trade any personally identifiable
information you provide when using the myWebFace
Toolbar or associated websites.
If the myWebFace Toolbar is ever sold or all
or substantially all of the assets relating to the Toolbar and/or associated
websites are transferred to another entity, we may transfer all information
provided by or collected from you, including personally identifiable
information, in order to ensure continuity of your service. We will disclose
information, including personally identifiable information, data acquired by
cookies, and other data, where required by a subpoena, interception order or
other lawful process. We also reserve the right to disclose such information
when we believe, in our sole judgment and to the extent consistent with
applicable law, that such disclosure is necessary to protect the rights or
safety of others or to enforce, or protect our rights under, this agreement. If
you wish to withdraw your consent to the communication and data usage as
described herein, you should uninstall the myWebFace Toolbar from your computer
.
6. Legal Terms and Conditions
Subject to the terms and conditions of this End User License
Agreement (this "Agreement), Starnet Interactive, Ltd. and its parent,
affiliate and subsidiary companies (collectively, "Licensor", "Starnet,"
"we", "us" or "our") grant
you a non-exclusive, revocable, limited license, to (a) download and install
the most current generally available version of the Toolbar (including all
updates thereto), and (b) use the Toolbar you download and install solely for
your personal, non-commercial purposes. "Toolbar" means the instant
myWebFace Toolbar and all features
available through the Toolbar. "Websites" means all the websites
associated with the features of the Toolbar.
6.1. License Conditions
Starnet, or its licensors or affiliated companies, owns the
Toolbar. The Toolbar and associated
Websites, including all code, content, protocols, software, and documentation
provided to you by Starnet are Starnet's property or the property of Starnet'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 Toolbar or the
Websites. All rights not expressly granted hereunder are expressly reserved to
Licensor and its licensors. You understand that we, in our sole discretion, may
modify or discontinue or suspend your right to access any of our services or
use the Toolbar at any time, and we may at any time suspend or terminate any
license hereunder and disable the Toolbar or any of its component features.
You cannot buy, sell, or tamper with the Toolbar. 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 Toolbar or use the Toolbar for the benefit of any third party.
You may not install the Toolbar 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 Toolbar or the Websites, except to remove our
Toolbar 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 discover the
Toolbar, or attempt to do so for any reason. You may not access, create or
modify the source code of the Toolbar in any way. You do not have the right to
and may not create derivative works of the Toolbar. All modifications or
enhancements to the Toolbar remain the sole property of Licensor.
Toolbar Updates.
We reserve the right to add additional features or functions to the existing
Toolbar. When installed on your computer, the Toolbar periodically communicates
with our servers. We may require the updating of the Toolbar on your computer
when we release a new version of the Toolbar, 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 End User License
Agreement before you will be permitted to use any subsequent versions of the
Toolbar. You acknowledge and agree that we have no obligation to make available
to you any subsequent versions of the Toolbar.
You may use our Toolbar and associated Websites only for
lawful purposes. The services we provide are
subject to, and you agree that you shall at all times comply with, all local,
state, national, and international laws, statutes, rules, regulations,
ordinances and the like applicable to use of the Licensor Toolbar and associated
Websites. You agree not to use the Toolbar, Websites, or any other services
provided by Licensor to conduct any business or activity or solicit the
performance of any activity, which is prohibited by law, or any contractual
provision by which you are bound
6.2. Content and Infringement
Links and Search Results.
The Toolbar and Websites may provide access to search results or other links to
other websites or resources. Because we have no control over such sites and
resources, you acknowledge and agree that we are not responsible for the
availability of such external sites or resources, and do not endorse and are
not 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 we 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, goods or services available on or
through any such site or resource.
Access to Content through the Toolbar and Website. You understand that all 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 the Toolbar and
Websites, whether publicly available or privately transmitted, is the sole
responsibility of the entity or person from whom it originated. You understand
and agree that by using the Toolbar or the Websites 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 Licensor be liable in any way for any Content created by or originating
with entities other than Licensor, 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 the Toolbar
or links to such Content from the Websites.
The Toolbar and Websites are exposed to various security
issues, and should be regarded as unsecure. By accepting this Agreement, you
acknowledge and accept that the Toolbar, Websites, and any information you
download or offer to share by means of the Toolbar or Websites, may be exposed
to unauthorized access, interception, corruption, damage or misuse, and should
be regarded as insecure. You accept all responsibility for such security risks
and any damage resulting therefrom.
Copyright Protection of Content you display using our
services. You are solely responsible for the
Content you display on or thorough the use of the Websites. It is your
obligation to ensure that the display of any 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 display on the Websites.
Licensor respects and expects its
users to respect the rights of copyright holders. On notice, Licensor will act
appropriately to remove Content that infringes the copyright rights of others.
Licensor reserves the right to disable the access to the Toolbar, Websites or
other services by anyone who uses them to repeatedly infringe the Intellectual
Property Rights of others. If you believe that our services contain elements
that infringe your copyright rights, please provide our Copyright Agent with
the following information:
Please contact Starnet Interactive, Ltd.'s Copyright Agent
for Notice of claims of copyright infringement as follows:
Starnet Interactive, Ltd.
c/o
Mindspark Interactive Network, Inc.
One North Lexington, 9th Floor
White Plains, NY, 10601
ATTN:Copyright Agent/Legal Dept.
email:dmca@mindspark.com
Ownership of Content you Submit. Unless otherwise set forth in the terms of service for any
of the Websites, you retain ownership of all rights in the content that you
display on or through the use of the Websites. However, you grant us permission
to use such Content in any way we see fit, for instance for the purposes of
promotion of our 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 Starnet Interactive, Ltd.. None of the Submissions shall be
subject to any obligation of confidence on the part of Starnet Interactive,
Ltd., and Starnet Interactive, Ltd. shall not be liable for any use or
disclosure of any Submissions. Without limitation of the foregoing, Starnet
Interactive, Ltd. 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.
6.3. Disclaimer of Warranty
YOUR ACCESS AND USE OF THE SOFTWARE, WEBSITES AND SERVICES
IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SOFTWARE.
WE PROVIDE THE SOFTWARE, THE WEBSITES AND THE CONTENT ON AN "AS IS,"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM,
TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION
OR NON-INFRINGEMENT. STARNET INTERACTIVE, LTD. MAKES NO GUARANTEES AS TO THE
SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY
ACCESS AS A RESULT OF THE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE
ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR
(II) WHETHER ANY SEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND
OBJECTIONABLE CONTENT.
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.
6.4. Termination
You may terminate this Agreement at any time by uninstalling
and destroying all copies of the Toolbar in your possession or control and
ceasing to use or access the Websites. We may terminate this Agreement or your
account (or any part thereof), disable the Toolbar or cease providing any
service at any time in our sole discretion. You agree that we shall not be
liable to you or any third-party for any termination or disabling of the
Toolbar or ceasing to operate the Websites. For termination of accounts
relating to GirlSense, Webfetti, MyFunCards, SmileyCentral or accounts
associated with any of the other Websites, please refer to the separate terms
of service applicable to the relevant site(s), which are available for review
at the relevant site.
6.5. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NONE OF US, OUR SUBSIDIARIES,
OUR AFFILIATES, OUR SUPPLIERS, OUR ADVERTISERS, OUR MERCHANT PARTNERS, NOR OUR
OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE "COVERED
PARTIES") ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE,
LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, AND COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS OR SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF
LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (A) THIS AGREEMENT OR THE USE
OF, OR THE INABILITY TO USE, THE SOFTWARE, SITES OR SERVICES, (B) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) THE STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITES OR SERVICES, (D) RELIANCE ON CONTENT OR
POSTINGS ON THE SITES OR SERVICES, OR (E) ANY OTHER MATTER RELATING TO THIS
AGREEMENT, THE SOFTWARE, THE SITES OR THE SERVICES. THESE LIMITATIONS WILL
APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR DIRECT LIABILITY, OR THE DIRECT LIABILITY OF ANY OTHER
COVERED PARTY TO YOU HEREUNDER EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES, SO SOME OF THE ABOVE
LIMITATIONS MIGHT NOT APPLY TO YOU.
6.6. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STARNET
INTERACTIVE LTD., 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 OUR SERVICES, YOUR VIOLATION OF THE TERMS OF
SERVICE 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 STARNET INTERACTIVE OF ANY UNAUTHORIZED USE OF
YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
6.7. Export Controls
The Toolbar 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 Toolbar, 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.
6.8. Notice to Government End Users
Any Toolbar, software and documentation hereunder downloaded
or otherwise 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
Toolbar" and "Commercial Computer Toolbar 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 Toolbar clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
of the Commercial Computer Toolbar - Restricted Rights at 48 C.F.R. 52.227-19,
as applicable.
6.9. General
This End User License Agreement, and the relationship
between you and us are governed by the laws of the State of New York, without regard to its conflict of law provisions. You and
we agree to submit to the personal and exclusive jurisdiction of the state
and federal courts located within New York County, New York.
Severability. If any provision of this Agreement is found by a court or
other binding authority to be invalid, you agree that every attempt shall be
made to give effect to the parties' intentions as reflected in that provision,
and the remaining provisions contained in this Agreement shall continue in full
force and effect.
Limitation
of Actions Brought Against Us; No Waiver.
You agree that any claim or cause of action arising out of your use of the
Toolbar, software, the Websites, related services, or this Agreement, including
any terms of service/use or privacy policies applicable to any of the Websites,
must be filed within one year after such claim or cause of action arose or it
shall forever be barred, notwithstanding any statute of limitations or other
law to the contrary. Our failure to enforce or exercise any provision of this
Agreement or related right shall not constitute a waiver of that right or
provision.
If you have any questions about this Agreement or the
Toolbar or Websites, feel free to contact us at: eula@help.My Web
Search.com.
Effective June 1st, 2009
© 2009 Starnet Interactive, Ltd. All rights reserved.