Terms & Conditions for UseClick to read:
April 29, 2014
Description of Services.
The Site may provide users with access to certain application functionality (each, a “Site Application”) and associated content online (the “Service”). You are solely responsible for obtaining and satisfying all technical requirements necessary in order to access the Site, including any associated third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are solely responsible for any equipment that may be required in order for you to access the Site.
License and Site Access.
Subject to your continued compliance with this TOS, Great-giveaways grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal use of the Site and the Service in accordance with the terms set forth herein. This license does not include the right to (i) download or copy any information and content available on or through the Site, including, without limitation, any software programs or applications (collectively, the “Content”) or account information for the benefit of any other party; (ii) cache unauthorized hypertext links to the Site or frame any Content available through the Site; (iii) copy, modify, create derivative works from, sell, distribute, sub-license or otherwise exploit any Content for commercial or public purposes; (iv) upload, post, or transmit any content that you do not have a right to make available (such as, but not limited to, the intellectual property of another party); (v) upload, post, or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole determination) an unreasonable or disproportionately large load on the Site‚s infrastructure; or (vi) use data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Site to prevent or restrict access to the Site. In addition to any other remedies that may be available to Great-giveaways under applicable law, any unauthorized use by you shall immediately terminate the permission or license granted to you by Great-giveaways under this TOS or otherwise in connection with the Site.
The Site and Services are not intended for individuals under the age of 18 or any users suspended or removed from the system by Great-giveaways for any reason. Additionally, you are prohibited from selling, trading, or otherwise transferring your Great-giveaways account to another party. If you do not qualify, you may not use the Service or the Site.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by any login and registration forms that may be required in order to use the Site. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Great-giveaways has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Great-giveaways has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services (or any portion thereof). You are responsible for maintaining the confidentiality of your account information and password (if any), and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or, to the extent applicable, your password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Great-giveaways immediately of any unauthorized use of your account or any other breach of security. Great-giveaways reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Great-giveaways through the Site, you agree to be bound by the following terms and conditions, in addition to the other terms set forth herein. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Great-giveaways, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Great-giveaways and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting Great-giveaways a perpetual, transferable, sub-licenseable, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, sell and otherwise exploit, in any manner (without any obligation to you), such Unsolicited Information and the right (but not the obligation) to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, CONTENT AND ALL PRODUCTS MADE AVAILABLE VIA THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER GREAT-GIVEAWAYS NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS (EACH, A “GREAT-GIVEAWAYS PARTY”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE OR ANY SERVICES, CONTENT, FILES OR PRODUCTS MADE AVAILABLE VIA THE SITE. NONE OF THE GREAT-GIVEAWAYS PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER, CONTENTPU OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE AND/OR ANY SERVICES, CONTENT, FILES, OR PRODUCTS PROVIDED TO YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLCIABLE LAW, NONE OF THE GREAT-GIVEAWAYS PARTIES MAKES, AND GREAT-GIVEAWAYS (ON BEHALF OF ITSELF AND EACH GREAT-GIVEAWAYS PARTY) HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND ANY SERVICES, CONTENT, FILES OR PRODUCTS MADE AVAILABLE VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY SERVICES, CONTENT, FILES OR PRODUCTS MADE AVAILABLE VIA THE SITE IS TO STOP USING THE SITE AND SERVICES.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GREAT-GIVEAWAYS OR ANY GREAT-GIVEAWAYS PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) RESULTING FROM USE OF THE SITE OR FROM THE CONTENT, SERVICES OR PRODUCTS MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold Great-giveaways and each Great-giveaways Party harmless from any and all claims, demands, damages, losses, liabilities, costs and expenses, including reasonable attorneys‚ fees, arising out of or related to your breach of this TOS, your use of the Site or any Services, Content, files or products made available via the Site, or your violation of any law or the rights of a third party.
When you use the Site or send emails to Great-giveaways, you are communicating with Great-giveaways electronically. You consent to receive communications from Great-giveaways electronically. Great-giveaways will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site or third parties may provide links to third party internet sites or resources. Because Great-giveaways has no control over such sites and resources, you acknowledge and agree that Great-giveaways is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, services, products or other materials on or available from such sites or resources or any activity occurring in connection with such sites or resources. Without limiting the generality of the limitation of liability set forth in this TOS, you further acknowledge and agree that Great-giveaways shall not be responsible or liable, directly or indirectly, for any damage or loss of any kind 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 Password Protected/Secure Areas.
Access to and use of any password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modification and Notification of Changes.
Intellectual Property Rights.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Great-giveaways and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the internet without the written permission of Great-giveaways or the third party that owns the applicable Marks. All Content, except for user generated content, is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and, as between the parties, is the sole and exclusive property of Great-giveaways. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Procedure for Claims of Intellectual Property Infringement.
Great-giveaways respects the intellectual property of others, and we ask our users to do the same. Great-giveaways may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users whom we believe may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the following information to support@Great-giveaways.com:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‚s behalf.
Great-giveways has a policy for terminating the accounts of repeat infringers.
Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
Right to Cancel Program or Change Terms.
If you have any questions regarding the Services, the Site, our policies, or anything else, please don‚t hesitate to contact us at support@Great-giveaways.com.
May 23, 2013
About Wave Harmonics
Wave Harmonics helps companies and brands improve their marketing based on insights from the online behaviors and overall profiles of millions of consumers like you who have joined our research panels. Leading advertisers, agencies and publishers rely on Wave Harmonics' research services to create engaging online experiences and effective marketing campaigns. Wave Harmonics is located in Cambridge, Massachusetts. For more information, please visit waveharmonics.com.
By downloading and installing the Extension you accept and agree to this Use Agreement.
Features Of The Extension
The Extension collects anonymous 'clickstream data.' Clickstream data is information generated by you and your computer while surfing the Internet and interacting with various sites and services. This includes URLs for websites visited and the URLs of requests made by those pages (e.g., images and other resources referenced by the webpage.) The clickstream data is made anonymous through the systematic removal of personally-identifiable information that might be embedded in the clickstream data (e.g., email addresses, names and account numbers). The anonymous data is then encrypted and securely transferred to and stored in our data collection servers.
The Extension does not have a user interface component beyond the opt-in dialog. It does not augment any visible content nor does it create any advertisement pop-ups. Its purpose is to run in the background of the browser and captured data as described above.
Personal And Non-commercial Use Limitation
We hereby grant you a non-exclusive, non-transferable, revocable and limited license to (a) download, install and use the most current, generally available version of the Extension (including all updates thereto), and (b) use the Extension you download and install solely for your personal, non-commercial purposes, conditioned on your continued compliance and agreement with this Use Agreement. You may not modify, copy (other than a single copy for your own backup purposes), sell/rent/lease, distribute, perform, reproduce, publish, license, create derivative works from, transfer, tamper with, reverse-engineer or sell any information, products or services obtained from your use of the Extension.
You also are prohibited from using any robot, spider, scraper or other automated means to access the Extension for any purpose whatsoever. You may not take any action that a) imposes an unreasonable or disproportionately large load on our data collection servers, b) interferes or attempt to interfere with the proper working of the Extension or any activities conducted through your use of the Extension, or c) violates or attempts to violate the security of our services. You may not install the Extension on any computer without permission from the owner of that computer.
We reserve the right to add features or functions to the existing Extension. When installed on your computer, the Extension periodically communicates with our servers. We may require the updating of the Extension on your computer when we release a new version of the Extension, 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 acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Extension.
Any acts, errors or omissions made by you while using the Extension will be attributed to you and you are solely liable for such acts, errors or omissions.
Privacy And Use Of Data
The Extension is installed into the Internet browser and extends the functionality of the browser. When the browser is running, the Extension will monitor Internet activity within the browser and send clickstream data to our data collection servers. The clickstream data that we capture may gather general information about your browsing activities such as the URLs for sites visited, and URLs referenced from those sites. We will not collect and retain any of your personally identifiable information. All information collected from you is recorded on a non-personally identifiable basis and is kept strictly anonymous. The information collected is stored as anonymous data within our secure servers.
The Extension is developed as a standard browser extension, and can be uninstalled using the add-on management facilities within the browser. For more details on how to uninstall the Extension, please refer to http://waveharmonics.com/uninstall.html.
Disclaimers And Limitation Of Liability
THE INFORMATION, SOFTWARE AND SERVICES OFFERED IN CONNECTION WITH THE EXTENSION MAY INCLUDE INACCURACIES OR ERRORS. THE ACCURACY AND COMPLETENESS OF THE EXTENSION AND THE RESULTS OBTAINED FROM ITS USE ARE NOT GUARANTEED BY US OR ANY OTHER PERSONS CREATING OR TRANSMITTING THE EXTENSION.
WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE EXTENSION AT ANY TIME WITHOUT NOTICE. THE EXTENSION MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE EXTENSION FOR ANY PURPOSE. THE EXTENSION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE EXTENSION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.
YOUR DOWNLOAD, INSTALLATION AND USE OF THE EXTENSION IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE DOWNLOAD, INSTALLATION OR USE OF THE EXTENSION OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH YOUR USE OF THE EXTENSION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL OUR DIRECT LIABILITY OR THE DIRECT LIABILITY OF ANY OTHER COVERED PARTY (DEFINED BELOW) TO YOU HEREUNDER EXCEED $10.00.
Ownership Of Content
The Extension and all its content, including but not limited to all text, graphics, charts, audio, logos, images, trademarks, service marks, data compilations, icons, code (both source and object) and software, is our proprietary property and are protected by applicable intellectual property laws. Except as provided herein, you are prohibited from using any of our protected material or marks for any purpose without our prior written permission.
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 Extension, 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 Extension you may be exposed to Content that may be offensive, indecent or objectionable in your community as the Extension does not perform any sort of Content filtering. 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 we be liable in any way for any Content created by or originating with entities other than us, 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 Extension.
The Extension may be exposed to various security issues as is the Internet browser, and should be regarded as unsecure as the Internet browser. By accepting this Use Agreement, you acknowledge and accept that the Extension and any information you download or offer to share by means of the Extension 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. Nonetheless, the Extension will only transmit shared data via secure HTTP channels, thus greatly reducing the above risks.
Modification And Monitoring Of The Extension
We may, at our discretion, change, modify, add or remove portions of this Use Agreement at any time without notice to you. If you use the Extension after we post changes to this Use Agreement, you accept and agree to the changes.
Termination And Cancellation
We may modify or terminate the Extension and terminate your access to the Extension without notice at any time and for any reason.
You agree, at your own expense, to indemnify, defend and hold us harmless, our parents, subsidiaries and affiliates, and our officers, partners, managers, members, employees, agents, distributors and licensees (collectively, "Covered Parties"), from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of this Use Agreement, your download, installation and use of the Extension or any product or service related thereto, or any of your other acts, errors or omissions related to your download, installation and use of the Extension.
By downloading, installing or using the Extension you represent and warrant that (a) you have the authority to accept this Use Agreement, and (b) you will use the Extension in a manner consistent with applicable laws and regulations and in accordance with this Use Agreement.
This Use Agreement and the relationship between you and us are governed by the laws of the Commonwealth of Massachusetts 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 Boston, Massachusetts.
If any provision of this Use 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 Use Agreement shall continue in full force and effect.
You agree that any claim or cause of action arising out of your download, installation or use of the Extension or this Use Agreement 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.