[Last Modified: September 11, 2017]
ACCEPTANCE OF THE TERMS: by clicking the “Accept” button (or other similarly designated call to action) during the installation flow or by otherwise downloading, installing or using the Media Player, the Site or by accessing or otherwise using the Service (as defined below), you represent and warrant that you have read and understood the Terms and agree to be bound by them and to fully comply with them. you further agree to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these terms constitute a binding and enforceable legal contract between you and us which further enforces class action waiver and arbitration provisions as detailed below in the Dispute Resolution Section below. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT ACCESS OR USE THE SITE, DOWNLOAD OR INSTALL THE MEDIA PLAYER OR USE THE SERVICES IN ANY MANNER
We reserve the right to periodically amend or revise this Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the "Last modified" heading and your continued use of the Services following the notification of such amendments herein, constitutes your acknowledgement and consent of such amended Terms and your consent to be bound by them.
You represent and warrant that you are at least 13 years of age and of legal competence to enter into these Terms. If you are under 18, please be sure to read these Terms with your parents or legal guardians and ask questions about things you do not understand.
Our Media Player enables you to play video or music files in various formats without requiring you to install or use additional codec (together with the Site shall be referred as the “Service(S)”).
Subject to your acceptance of and full compliance with these Terms, we grant you a non-exclusive, revocable, non-transferable, non-sub_licensable, personal, limited license, to (a) download and install the most current generally available version of the Media Player and Services offered to you, and (b) use the Services solely for your personal, non-commercial purposes (“License”). The Services may not be used for any other purpose without Company’s prior written consent. You may not download the Media Player or use the Service if you are not the owner or approved administrator of the device on which you activated or accessed the Service. This License will also govern any upgrades provided by the Company that replace or supplement the original Media Player, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
RESTRICTIONS OF USE AND USER'S WARRANTIES
You may not: (i) rent, sell, lease, sublicense, distribute, market, assign, copy, or in any way transfer the Service or use the Media Player for the benefit of any third party in any manner; (ii) modify, decompile, disassemble, or otherwise reverse-engineer the source code of the Media Player or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Media Player in any way. You do not have the right to and may not create derivative works of the Service; (iii) use the Services for benchmarking purposes or to develop any software, application, product or service that is the same as, substantially similar to, or competitive with the Services; (iv) use the Services to promote, conduct, or contribute to fraudulent, obscene, pornographic, illegal or otherwise inappropriate 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; (v) use any robot, spider, other automated device or any toolbar, web-bar, other web-client, device, software, routine or manual process to monitor or scrape information from the Services; (vi) use the Services for unlawful purposes. The Services 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 which are applicable to the use of our Services; or (vii) otherwise use the Services in any unlawful manner or in breach of these Terms.
We reserve the right, at our sole discretion, to limit, deny or cancel some or all of the functionality of the Services at any time, without prior notice. We reserve the right to suspend, remove, restrict or disable your access to parts or all of Services at any time and without notice or liability, at our sole discretion. In no event, will the Company be liable for the suspension, removal, and restriction or disabling of your access to the Services or to any feature available therein.
THIRD PARTY LICENSE
The Media Player embeds certain independent third party code ("Open Source Code") and the Open Source Code is licensed to you in accordance with the applicable open source licenses (“Open Source License”). To the extent that any of the terms set out herein conflict with any terms contained in the Open Source License, the Open Source License shall prevail.
You acknowledge and agree that the Media Player, the Site and any associated components are licensed, not sold to you. You also acknowledge that all trademarks, service marks, the Media Player, including all associated components, code, protocols, software, design, text, images, logos, photographs, illustrations, audio and video material, sounds, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation the 'look and feel' and documentation provided to you by us in conjunction with the Services are the Company’s property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, 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 use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed in the Media Player or associated components. All rights not expressly granted hereunder are expressly reserved to us and our licensors.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THESE TERMS OR TO YOUR USE OR THE INABILITY TO USE THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. COMPANY’S LIABILITY SHALL NOT EXCEED THE COST OF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your access to or use of the Media Player and the Site, any content you submitted or made available to therein or to any matter governed by these Terms. The user is solely responsible for his or her actions when using the Media Player and Site.
UPDATES AND UPGRADES
In order to enhance and further develop the Media Player we may automatically download and install updates and upgrades from time to time. These updates and upgrades are designed solely to improve the Services, enhanced functionalities, embed new modules and versions which will not affect your device in any way. You hereby agree to receive such updates and upgrades as part of your use of the Media Player. In the event we believe that such update or upgrade shall materially affect your use of the Media Player, we will make best efforts to notify.
You can terminate these Terms and the use of the Service at any time. If you wish to terminate your use of the Service, you may do so by uninstalling the Media Player from your device, by using the standard uninstall processes that are available as part of your operating system or through your Browser’s Settings, as applicable. We may terminate your access to the Media Player or Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Search Application and Services.
For any dispute you have with us, you agree to first and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these Terms, unless otherwise required by law, to resolve any claim, dispute or controversy arising out of or in connection with or relating to these Terms exclusively by binding arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This agreement to arbitrate will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. Any action at law or in equity relating to the arbitration provision of these Terms shall be brought exclusively in a state or federal court located in New York, New York and for such purpose you submit to the personal jurisdiction of such courts. Any cause of action you might have relating to the Service may be brought no later than one (1) year from the date the incident arose, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.
These Terms, constitutes the entire understanding between the parties with respect to the use of the Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. This EULA and any right granted herein may not be assigned by you without the prior written consent of the Company.
If you have any questions regarding these Terms, you may contact us at: HERE