End-User License AgreementLast updated: September 8, 2013
The terms of this End-User License Agreement ("EULA" and/or "Terms" hereinafter) are the full and final agreement between DealPly Ltd. ("DealPly") and you.
We are glad that you chose to participate in DealPly's activities and to be a part of the DealPly community. Please take the time to fully read these Terms as they constitute a binding agreement between DealPly and yourself.
We, at DealPly, acknowledge that reading legal documents may be quite exhausting, and have set up this preamble and summary, which are here solely for convenience. Please take into attention that this is just a summary of your rights and responsibilities in relations to Dealply, and that you need to read the full agreement.
Second, the DealPly Offers and Deals are provided through third parties that provide it with information, prices, images, advertisements, downloadable applications, etc. ("Third Party Content"). Therefore, DealPly is not responsible for any Third Party Content of such services and does not guarantee you that the prices are the lowest possible prices or make any representations about the products or their quality.
Third, DealPly collects some non-personal identifiable information and stores a cookie on your computer to enable the Dealply Service.
Fourth, In order to provide you with such Offers and Deals, DealPly may change some of your system's preferences and change the appearance of websites. Such changes may be reverted at any time, and if you are not satisfied with DealPly's software, DealPly will be happy to assist you in such reverting.
Last, no matter what, DealPly shall never, but never, be liable for any damage caused by using the Dealply's website, clicking third party links or any other activity which relates to the Delaply Service.
BY INSTALLING THE DEALPLY SOFTWARE OR SERVICE, YOU ACKNOWLEDGE THAT THE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT BETWEEN DEALPLY AND YOU.
And now for the legal part:
1. The Services
DealPly shall provide you with its services, which is a shopping comparative service that includes a downloadable browser add-on ("Software"), banners ads, and coupons that provide you with highly relevant Deals and Offers while you shop online. The Service is designed to help you compare prices and products while shopping online through third party websites. The Deals and Offersprovided to you by Dealply are displayed on third party websites you're currently browsing to provide you with exclusive and attractive shopping Offers, which may be displayed in ads format ("Service").
2. Changes to your preferences and system When installing DealPly, DealPly may change some of your system's preferences; such changes may only be made according to your explicit consent.
3. Third Party Content As stated above, DealPly does not warrant for the quality of Third Party Content or to its authenticity. DealPly is not, and shall never be, liable to any damage occurred when relying on Third Party Content and services and does not warrant that they will be available or accurate.
4. Licenses Apart where specifically licensed, you are prohibited from using, distributing, publishing, making derivative works, changing, reverse engineering, decompiling or otherwise manipulating the DealPly Software and/or Service. DealPly hereby licenses you a limited, non-exclusive, non-assignable, non-transferrable, revocable, temporary, personal license to use the DealPly Software and/ or Service on your computer subject to the conditions of these Terms.
5. Warranty and Liability
5.1 No Warranty: The Service (including, without limitation, the Offers and Deals and Third Party Content) is provided on an "as-is" and "as-available" basis. Your use of Service is at your own risk and under your liability. DealPly makes no warranty that (i) the Service will meet your requirements, including providing you with any relevant information or reaching a relevant audience and (ii) the Service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the use of the Service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by you through Service will meet your expectations, or (v) any errors in the Service will be corrected.
5.2 No Liability: For no case and for no reason shall DealPly be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any user or any third party due to its mis-performance of duties herein. DealPly provides Service on an "as-is" basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, user account information, loss of profit, loss of good name, all resulting from the use or inability to use Service rendered by DealPly.
6. User Conduct
You may access and use the Service only for its purposes as intended by Dealply and as long as you are in compliance with all provisions of these Terms. In connection with your use of the Service, you agree to abide by all applicable local, state, national and international laws and regulations and agree not to, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Service, and without limiting the foregoing you may not:
- Use (i) the Software, (ii) the Service, or (iii) any programming, services, features, data, information, text, images, photographs, graphics, scripts, programming, logos, trademarks, service marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on Service ("Content") to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Interfere with the access, use or enjoyment of the Service by others (including without limitation causing greater demand on the Service than is deemed by us reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people.
- Alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Service, any Content, or features.
- Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service or Software.
- Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Software or the Service except if and to the extent permitted by applicable law.
- Copy, distribute, transmit, publicly display, publicly perform, rent or sell any portion of the Service, the Software or the content provided to you by Delaply or third parties.
- Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Service, or bypass any robot exclusion request (either on headers or anywhere else on the Site, Service and Software). Further you may not 'deep-link', redistribute or facilitate the redistribution of any information, nor provide access to information to anyone who is not authorized by us to receive it, without our prior written consent.
8. Amendments DealPly may amend, from time to time, these Terms and may, or may not, notify you as these amendments are made. Should you decide that any amendment does not fit your interest or will, and no longer constitute as your understanding with DealPly, you may, terminate these Terms and terminate your account. In no case will these Terms have any retroactive change nor would they apply on your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in these Terms.
9. Termination DealPly may, at its sole discretion, terminate these Terms, or any other service rendered by it due to any reason, for any user, including you, or with no reason at all or for any reason, including, without limitation, for lack of use or if DealPly believes that you have violated or acted inconsistently with the understandings or spirit of the Terms. DealPly may also, at its sole discretion, and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that DealPly may immediately deactivate or delete your account (if applicable) and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that DealPly shall not be liable to you or any third party for any termination of your access to the Service.
10. Third Party Advertisements and Links DealPly may, at its own discretion and for its causes, include within the Service any links for third party websites and Third Party Content or links for applications ("Third Party Material"). DealPly does not warrant for Third Party Material and its availability thereof nor does it endorse it. DealPly shall not be held, or claimed to be held, liable for any Third Party Material, its legality or illegality, its adequacy with regulations and its quality. DealPly is not affiliated with any third party who provides information and/or content through the Services and does not warrant for its quality or accuracy.
11. Proprietary Rights You acknowledge that the Service and the Content are protected by applicable copyrights, trademarks, service marks or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Service and/or the Software not expressly granted herein are reserved.
12. Entire Agreement, Waiver These Terms constitute the entire understandings between parties and will only be amended in writing. No waiver to perform any DealPly's rights under this agreement shall constitute amendments of it.
13. Governing Laws, Jurisdiction, No Class Action These Terms shall be solely governed by the laws of the state of New York, including their statutes regarding conflict of laws and may be solely brought to the competent courts of the New York District. You undertake not to initiate any class action, for any reason, against DealPly and to claim your damages only according to this agreement.
14. Infringement Notices and Takedown If you believe that any material provided via the Service infringes your copyright, please contact us at: firstname.lastname@example.org.