Terms And Conditions.
NOTE: THE SITE/EXTENSION/PRODUCT, LICENSED BY Cold Search ("Licensor ", "we "or "us "), MAY COLLECT OR STORE INFORMATION ABOUT THE WEB PAGES YOU VISIT AND YOUR ACTIVITY ON THOSE PAGES, SUCH AS IMPRESSIONS AND CLICKS. IN SOME CASES, INFORMATION COLLECTED BY THE SITE/EXTENSION/PRODUCT MAY BE PERSONALLY IDENTIFIABLE, AND INFORMATION (INCLUDING INFORMATION FROM OR ABOUT PAGES OF SOCIAL MEDIA WEBSITES YOU VISIT) MAY BE USED OR SHARED WITH THIRD PARTIES FOR PURPOSES OF DISPLAYING TARGETED ADVERTISEMENTS TO YOU BUT WE DO NOT ANALYZE WEB USAGE DATA TO DETERMINE THE INDIVIDUAL IDENTITY OF USERS .
PLEASE READ THIS TERMS AND LICENSE CAREFULLY BEFORE INSTALLING OR USING OUR SITE/EXTENSION/PRODUCT. BY INSTALLING OUR EXTENSION/PRODUCT OR USING OUR SITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCROPORATED BY REFERENCE.
Acceptance of Terms
By installing our Extension/Product, you will be installing a software application onto your device which might appear on your desktop, mobile device, or within one or more of your Internet browsers (New Tab). Our Site and/or Products provide you with access to personalized third-party News Feed(s) and/or Content and/or to search the internet, and may provide you with additional features as further described herein.
By using and/or visiting Cold Search you acknowledge that we will not be liable for any damages, claims or other liability arising from and / or related use of Web sites owned by third parties.
License &Use Restrictions
We reserve the right at our sole discretion to suspend, remove, or disable your access to Cold Search at any time and without notice. In no event we will be liable for the suspension, removal of or disabling of your access or to any feature available therein.
You can easily uninstall Cold Search by following the steps described in Windows Add/Remove programs dialog found in the control panel.
Some of the content displayed or linked to by us is developed by people over whom we exercise no control and we cannot and do not screen the sites before including them in the Site and/or Product. We cannot guarantee that any content will not contain unintended or objectionable content and assume no responsibility for the content of any site included in the Site and/or Product, and we do not assume responsibility for the goods, services, or information provided by such sites.
Personal Use Only
Our Services are made available for your personal, non-commercial use only. You may not take the Site ’s and/or Product ’s different content and display them, or mirror any home page or results pages on your website or other product.
We may at any time, with or without notice, terminate the Agreement or block or disable your access or use of our Product or Service if: We believe that you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Agreement). We are required to do so by law (for example, where the provision of the Product or Service to you is, or becomes, unlawful).
The provision of the Product or Service to you by us is, in our opinion, no longer commercially viable.
We believe that your use of the Product or Service may infringe or violate the rights of a third party or subject Licensor to civil or criminal liability.
Please note that if you remove our Extension/Product or deactivate your account, you may lose future access to previously Purchased Content even if you later re-download the Extension/Product or re-activate your account.
All of the provisions of this Agreement which, by their nature, are intended to survive termination hereof (including, without limitation, all provisions relating to indemnification, disclaimer of warranties, indemnification, intellectual property rights, limitation of liability, applicable law, jurisdiction and venue, class actions and general matters), shall do so.
“ Intellectual Property ”–including any and all trade secrets, patents, copyrights, trademarks, service marks, URLs, trade dress, brand features, know-how, moral rights, contract rights, code (executable, source and other) and similar rights of any type under the laws of any applicable governmental authority, or international treaty, including, without limitation, all applications and registrations relating to any of the foregoing. Intellectual Property shall mean all intellectual property whether registered or not and whether reduced into practice or not.
All content on the product, including text documents graphics software, etc., as well as trademarks, logos, are solely owned by us or licensed to us. We have the right to edit, delete, distort, modify or move user content without notice for any reason at any time. Additionally, we have the right to refuse to transmit, email, post or broadcast any content without notice for any reason at any time.
You agree to indemnify and to hold us ("Indemnifying Party ") harmless, and indemnify us from and against any expenses (including attorney fees) arising from claims of third-parties made against or incurred by the Indemnified Party as a result of negligence, misrepresentation, error or omission on the part of the Indemnifying Party or any employee, agent or representative of the Indemnifying Party, or any breach of this Agreement by the Indemnifying Party, regardless of whether such claims were foreseeable by the Indemnified Party. The Indemnified Party will have the right to participate, at its expense, in the defense of any claim covered hereunder with counsel of its own choosing. The Indemnified Party shall give the Indemnifying Party prompt notice of any such claim and shall reasonably cooperate with the Indemnifying Party and its counsel in the defense of such claim.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, ALL CONTENT ON THE SITE IS PROVIDED "AS-IS ". WE DO NOT WARRANT THAT THE LICENSED PRODUCT IS ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET DISTRIBUTOR 'S OR THE END CUSTOMER 'S REQUIREMENTS.
IN NO EVENT WILL LICENSOR, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, MEMBERS, ADVERTISERS, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, DATA OR USE OF SYSTEMS, ARISING OUT OF (i) USE OF THE PRODUCT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, DEFECTS, MALFUNCTIONS, ERRORS OR OMISSIONS IN, ANY INFORMATION, CONTENT OR SOFTWARE ACCESSED VIA THE PRODUCT, OR (ii) ANY USE OR INABILITY TO USE THE PRODUCT FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, PRODUCT AND EXTENSION ARE PROVIDED ON AN "AS IS "AND "AS AVAILABLE "BASIS. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, PRODUCT AND EXTENSION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, LICENSOR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER LICENSOR NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE WEBSITE, PRODUCT AND EXTENSION, INCLUDING THEIR CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE; (ii) THAT THE WEBSITE, PRODUCT AND EXTENSION WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, PRODUCT AND EXTENSION WILL BE FREE FROM VIRUSES, "WORMS,""TROJAN HORSES "OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE PRODUCT; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE WEBSITE, PRODUCT AND EXTENSION IS NONINFRINGING. LICENSOR AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE LICENSOR AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE WEBSITE, PRODUCT AND EXTENSION, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF LICENSOR OR ANY OF ITS AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF ISRAEL, WITHOUT REFERENCE TO ITS CONFLICTS OF LAW PRINCIPLES. The courts located in Tel-Aviv Israel shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement and each party hereby expressly consents to the personal jurisdiction of such courts. A determination that any term of this Agreement is invalid or unenforceable shall not affect the other terms thereof. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
YOU AGREE THAT YOURE CONTINUED USE OF THE WEBSITE, PRODUCT AND EXTENSION, FOLLOWING THE POSTING OF ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, STOP USING THE SITE AND OUR PRODUCTS AFTER THE EFFECTIVE DATE OF SUCH CHANGES AND UNINSTALL THE PRODUCT.