This Agreement governs your use of My Web Shield downloadable application (“MWS” or the “Application”). The Application is owned and distributed by Sites Administration (the “Company”, “We” or “Us”) or its affiliate partners. To make it easier to understand the Agreement, here is a summary of your rights and obligations. NOTE that this summary is NOT a substitute to the full terms of the Agreement:
- The Application enables you to protect your PC from unwanted web content.
- You can change protection settings by accessing Application control panel.
- The use of the Application is subject to any applicable intellectual property (“IP”) laws.
- You may use the Application and content included in it for your personal, non-commercial use only.
- The use of the Application is free of charge and sponsored by advertisements that would be served to you by Us, by Our affiliates or by third party vendors (“Vendors”) under their sole terms and responsibility.
- Each engagement that you make with a Vendor is governed by the Vendor’s own terms.
- The Application is provided to you with no warranty of any kind to the maximum permitted under the law.
- We may change or update these terms from time to time, therefore you must check the terms regularly to check such changes.
1. Introduction; The Application offers you several features that will enhance your online experience and your use of information across the web. By using the Application you can protect your PC from unwanted content such as adult materials and other. The Application works in a fully automatic mode, you can control it by accessing Application control panel. The Application is FREE of charge and sponsored by advertisements and commercial offers that may be displayed to you by Vendors (as detailed below). The Application is available for download at http://mywebshield.com/setup252.exe and other websites maintained by Us or by Our affiliates (the “Sites”). The Application, the Sites and any related features, updates, functionalities, products, services, websites, programs, promotions or content (including but not limited to advertisements and commercial offers) provided by Us or by Our affiliates will be referred to collectively as the “Services”. Please note that this Agreement does NOT govern your use of any of the websites, webpages, search engines, social networks pages or other sources which you are marking your image from (the “Source Sites”) or in/on which you are searching, posting and/or sharing the marked image (the “Target Sites“); Such usage, including marking, copying, searching, sharing or otherwise is subject to each of the Source Sites’ or Target Sites’ terms and conditions. The Application is not attributed to, provided or endorsed by any of such Source or Target sites.
2. Age Notification; By downloading and using the Application you certify you are over the age of 18 (i.e, you are not a minor) and you have the legal competence to be bound by this Agreement. If you are a minor then you certify that you have your parent or legal guardian’s authorization to install and use the Application and/or that your parent or guardian supervises your use.
3. License to Use the Application;
3.1. License Grant; Subject to your full consent to the terms and conditions of this Agreement, We hereby grant you a limited, personal, revocable, non-sub-licensable, non-assignable, non-transferable, non-commercial, non-exclusive and temporary right and license to use the Application or Services solely for your personal, non-commercial lawful use.
3.2. Restrictions; Except as expressly permitted by Us, you may not use, copy, download, reproduce, duplicate, archive, upload, modify, distribute, publish, sell, make derivative work, reverse engineer, attempt to gain un-authorized access to the Services or attempt to discover the source code or structure of the Application or the functionality of the Application or Services, decompile or otherwise manipulate the Application or Services.
4. Application Features & Changes to your system;
4.1. The Application Features; The Application provides you with FREE features that will enhance your use of the Internet and your ability to make the most out of information around the web. Note that like most online features, by installing the Application you provide your consent to make few minor changes in your operating system’s default preferences which enable the installation of the Application. At all times you will be able to revert back the changed settings again, by accessing the settings option of your operating system.
4.2. Third Party Advertisements and Links; The Application and Services are sponsored by third party advertisements and commercial offers and may also contain links to third parties websites, advertisements, products, offers, applications and more (“Third Party Content”). By downloading and using the Application you give your consent to display to you such Third Party Content (by using display ads, pops, coupons, price comparison, in-line text and content recommendations) through Our or Our business partners’ technology. To learn more about such advertising tools and third party providers click here. In no case and for no reason We will be liable or responsible for such Third Party Content and your engagement with such Third Party Content is at your sole risk and responsibility.
5. Updates; We may periodically install an automated updater once a new version of the Application is released so at all times you will use the most up to date version of the Application and Services. We may do that without priory notify you and without any action on your part.
7. Proprietary Rights; The Services and data that provided to you through the Application contain materials that may be protected by international copyright, and/or any other intellectual property (“IP”) laws, that are owned by Us, Our licensors, Vendors, partners and/or affiliates or other third parties. Such material may contain information, logos, text, images, video, sounds, musical works, works of authorship, applications, and other materials or content (“Protected Content”). Except as permitted by Us in this Agreement, and without derogating from the generality of the described under the “License to use the Application” section, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any of the Protected Content, including, but not limited to any derivative work based on the Protected Content. We respect your rights and the rights of others and do our best to protect such rights. If you believe that your right, or other third party’s right, have been abused or violated, please contact us at: firstname.lastname@example.org and we will do our best to assist you and/or to fix such violation.
8. Warranty and Liability;
8.1. No Warranty; You acknowledge that the Services and the Application are provided with no warranty of any kind and all use is at your sole risk and responsibility. The Services and Application provided to you on an “as-is”, “as available” basis, without any warranty or condition, express, implied or statutory. Your use of the Application, Services, the Protected Content and/or any other Third Party Content is at your sole risk and you will be solely responsible for any damages or losses that arise from your access to and use of the Services. We make no warranties or representations that (a) the Services or the Application will meet your requirements; (b) the Services or Application will be uninterrupted, timely, secure or error-free; (c) you will receive any specific result from using the Services or Application; (d) any defects related to the Services or Application will be corrected; (e) the Services or Application are free of computer bugs, viruses or other harmful components; (f) any information, content or materials made available through the Services will be accurate, useful, timely or reliable. (g) We will perform any tracking or monitoring to any transaction made through the Service;
8.2. No Liability; In no case and for no reason, to the fullest extent permitted by the law of Panama, We or Our partners, subsidiaries or affiliates, or any of their officers, directors, shareholders, employees, contractors or agents (collectively, ”Partners”) will be liable, endorse, guarantee, or assume responsibility for any damage, direct or indirect, consequential, exemplary, physical or special to you or to any third party, due to its miss performance of duties herein. We will not be held liable for any interaction between you and any third party’s Sites, products, services, content, advertisements or offers through the Services, and will not be a party to or responsible for monitoring any transaction between you and any such third party.
9. Termination; We may, at Our sole discretion, terminate this Agreement and/or any of the Services, due to any reason or for no reason at all, with or without prior notice. You agree that We or Our Partners will not be liable to you or to any third party for any such termination. You may completely terminate this Agreement with us by uninstall the Application from your computer by using Control Panel futures. Please be advised that your browsers must be closed to complete the uninstall process. If you encounter any problems while trying to uninstall the Application and/or Services, please contact us at email@example.com and we will assist you in the process.
10. Indemnification; You agree to indemnify, defend and to hold Us and Our Partners harmless from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of your access or unauthorized use of any of the Services and/or any activities or actions by you that violate this Agreement or any third party rights or terms and conditions.
11. Governing Law; This Agreement will be solely governed by the Laws of the State of Panama, and any dispute arising from it will be brought only to the competent courts of the Panama City district.
12.1. Waiver; any failure of Us to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
12.3. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
12.5. You and Us are independent entities, and nothing in this Agreement, or through the use of the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Us. We may change these terms from time to time. You are advised to check these terms regularly from time to time. You agree to be bound by any of the changes made in the terms of this Agreement. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.
12.6. Assignment; we may assign this agreement to a third party or to our successors, subsidiaries or sister or mother company, or in a case of merger or acquisition of our company; Contact Us; If you have any questions or clarifications about this Agreement you may contact us as at: firstname.lastname@example.org.