[Last Modified: April 20, 2021]
This End User License (“Agreement” or “EULA”) is a legal binding agreement between you (“user” or “you” ) and AKA Marketing LLC. (“Company”or “us” or “our” or “we”). This Agreement sets forth the terms in which you may use our new tab extensions or search extensions (as detailed below), including any revisions, improvements, new releases and related documentation in connection thereto (“Browsing Product” or “Product”).
AMENDMENTS: The most recent version of the Terms will always be posted. If we do make any changes, the updated date at the top of the Agreement will be reflected in the “Last Modified” heading. Your continued use of the Browsing Product or our services, following the display of such modified Terms, constitutes your acknowledgement and consent of such amendments and your agreement to be bound by the terms of such amendments. In the event of a material change we will make best efforts to send you a written notification.
You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms.
AGE LIMITATION: In addition, you represent and warrant that you are at least 13 years of age and of legal competence to enter into these Terms. Children under 13 are prohibited from using the Product. In the event that we become aware that a user under the age of 13 has shared any information, we will discard such information. If you have any reason to believe that a child under the age of 13 has shared any information with us, please contact us at: [email protected]. If you are under 18, please be sure to read the Terms with your parents or legal guardians and ask questions about things you do not understand.
SCOPE OF SERVICE
Following your acceptance of this EULA, the Product will be installed on your computer. The Product is a software that changes your browsers’ new tab setting or features that you may choose to install and may affect your browsers’ search settings. These features may include, as applicable, changes in your browsers’ (i) new tab; (ii) default search engine; and (iii) home page.
The unique features we provide enable you to enjoy a large variety of beautiful backgrounds for your new tabs, including the option to upload your own images as backgrounds, and contains easy to function, designed shortcuts to top websites that you can easily customize to your own interests (“Dials”) as well as music players, bookmark manager, to-do-list and other great functionalities.
We also provide features that enhance your search experience, links you to top shopping websites, sport channels, social media websites, various media content networks and free games, etc. we may use some anti-fraud and robotic behavior methods such as Captcha, redirects and other solution that we will not any way harm your user experience or privacy.
Any use by you of Third Party Content is subject to the terms and conditions of the Service Provider. You acknowledge that we have no control over and assume no responsibility for Third Party Content. You assume all responsibility and risk in connection with your use of Third Party Content and we hereby disclaim any and all liability to you or any third party in connection thereto. We have no obligation to examine, review or monitor Third Party Content and are not responsible for the accuracy, completeness, appropriateness or legality of Third Party Content.
The availability of any Third Party Content as part of the Product is not an endorsement, authorization or approval of such Third Party Content, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto. In addition, you acknowledge and agree that certain Third Party Content may cease to be available to you at any time without providing any notice.
Subject to your compliance with the terms and conditions of this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sub licensable, non-transferable license (without the right to sub-license), to access, download and install the most current generally available version of the Browsing Products (including all updates thereto) solely for your lawful, personal, and non-commercial use. Your license here under is limited not to allow others to use, copy or evaluate copies, and the license granted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferred or sub-licensed in whole or in part.
RESTRICTIONS OF USE
You will install the Browsing Product only in accordance with the instructions of the Company. Except as expressly provided under the Agreement, you may not, nor may he enable anyone else to, directly or indirectly: (i) use or display the Browsing Product together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating; (ii) commercially distribute, rent, lease, market, sub-license, resell or otherwise transfer the Browsing Product or any portion thereof; (iii) copy or modify decompile, disassemble, create any derivative works or reverse engineer the Browsing Product or any portion thereof including in cases it is made available with any other software, product or program, (iv) remove any identification, including copyright, trademark, patent or other notices, contained in or in connection with the Browsing Product; or (v) use the Company’s name, logo or trademarks without its prior written consent; or (vi) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Licensed Application, or to manipulate the Licensed Application in any manner not consistent with its or their intended purpose(s). For avoidance of all doubt, Company reserves all rights not expressly granted in this EULA, and disclaims any implied license, including implied licenses to copyrighted materials, trademarks or patents. At any time, the Company according to its sole discretion may modify or discontinue or suspend or terminate User’s ability to use the Browsing Product or any portion thereof hereunder (including content or services provided through therein) or terminate any license hereunder.
We reserve the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
YOUR REPRESENTATIONS AND WARRANTIES.
You hereby represent and warrant that: (i) you are either the owner or an authorized user of the computer where the Product is installed (ii) you will only use the Product as permitted under this EULA; (iii) you will use the Product in full compliance with all applicable laws, rules and regulations and industry best practices; (iv) you will not use the Product for any fraudulent or inappropriate purpose; (v) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (vi) you are not listed on any list of U.S. Government list with respect to prohibited or restricted parties.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all right and interest in the Browsing Product trademarks, service marks, the Product, including all associated components, code, protocols, software and documentation provided to you by us in conjunction with our services, any related features or derivatives thereof improvements and modifications thereto, including associated intellectual property rights, evidenced by or embodied in or attached/connected/related to the product, are the Company’s property or the property of our licencors, 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 on the Product or associated components. This EULA does not grant to you an interest in or to the Product, but only a limited right of use in accordance with the Terms herein. Nothing in this Agreement constitutes a waiver of our intellectual property rights under any law. All rights not expressly granted here-under are expressly reserved to us and our licencors.
In addition, you acknowledge and agree that the Browsing Product may provide you with Third Party Content which includes copyrighted material, trade secrets, patents (registered or pending), designs, information, methods, specifications, graphics, text, logos and other proprietary material (“Third Party IP”). You shall not, shall not attempt to, and shall not allow any third party, to use, copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, adapt, sublicense, make any commercial use, sell, rent, lend, process, combine with other software, translate, modify, reverse engineer, disassemble or decompile any such content. Nor may he create any derivative works or other works that are based upon or derived from the aforementioned content in whole or in part. Intellectual Property law including, Copyright law and certain international copyright treaty provisions protect all parts of the Browsing Product and all content provided therein or therewith (including all products and services). No program, code, part, image, audio sample, or text may be copied, or used in any way by the user except for the applicable Purpose. The Company respects and expects its users to respect the rights of copyright holders. On notice, we will act appropriately to remove content that infringes the copyright rights of others. We reserve the right to disable the access to Browsing Products or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe a Browsing Product, or elements, infringe your copyright rights, please contact us at: [email protected]
Further, you acknowledge and agree that the technology manifested in the operation of the Product constitutes our, and our Third Parties’ valuable trade secrets and know-how and to the extent you discover any such trade secrets, you will not disclose them to any third party. Any disclosure or unauthorized use thereof will cause us irreparable harm and loss
DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE BROWSING PRODUCT AND ANY SERVICES, CONTENT (INCLUDING THIRD PARTY CONTENT AND THE BROWSING PRODUCT SERVICES) PROVIDED THEREIN IS AT HIS SOLE RISK (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO DEVICE) AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER. THE CONTENT AVAILABLE ON THE BROWSING PRODUCT MAY INCLUDE INACCURACIES OR ERRORS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT DISPLAYED ON THE BROWSING PRODUCT INCLUDING TO THE PRODUCTS AND SERVICES OFFERED VIA THE BROWSING PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BROWSING PRODUCT AND ANY SERVICES, PRODUCT OR CONTENT PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BROWSING PRODUCT AND ANY SERVICES, PRODUCT OR CONTENT PROVIDED THEREIN, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE BROWSING PRODUCT AND ITS SERVICES WILL MEET THE USER’S REQUIREMENTS. IF THE USER IS DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE BROWSING PRODUCT OR WITH THE TERMS OF THIS EULA, HIS SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE BROWSING PRODUCT AND ANY SERVICES PRODUCT AND CONTENT PROVIDED THEREIN.
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 PRODUCT. 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.
User shall defend, indemnify, hold harmless, and defend the Company, its officers, directors, shareholders, employees, sub-contractors, agents and distributors or any third party providing content or services in the Browsing Product, or in connection thereto, from and against any claims, losses, debts, obligations, liabilities, costs or expenses (including but not limited to reasonable attorney’s fees) arising from or incurred as a result of, related to or are based on (i) User’s use of the Browsing Product (ii) violation of these Terms.
Company and user may terminate this Agreement at any time in its sole discretion. If you wish to terminate your use of the Product and this Agreement, please uninstall and remove the Product and cease using the Browsing Product Services immediately. To uninstall the Product please use your standard uninstall processes that are available through your Browser’s Settings and remove the extension. We may terminate your access to Product or our services at any time, with or without cause and with or without notice, effective immediately. Any termination may result in the destruction of all information and data associated with your use of the Product.
For any dispute you have with us, you agree to first contact us at: [email protected] 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 enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively 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 US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement 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 specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
These Terms, constitutes the entire understanding between the parties with respect to the use of the Product and our services. 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 please contact us by email or postal mail as follows:
Owned and operated by:
AKA Marketing LLC
18851 NE 29th Ave, Suite 700
Aventura, FL, 33180