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会社名: |
The Best Offers Network
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プライバシ宣言: |
(BEST OFFERS ADVERTISING SOFTWARE FOR SMILEY SOURCE)
1. Acceptance of This Agreement - This End User License Agreement ("EULA") is a contract between you ("you") and Best Offers, a division of The Best Offers Network, LLC ("Best Offers") and governs your use of software downloaded from www.bestoffersnetworks.com ("Software"). Please read the terms of this Agreement carefully before downloading, installing and using the Software.
This Software will collect information about websites you access and will use that information to display advertising on your computer. Best Offers ensures that these ads will include the phrase "Best Offers" on the upper left hand corner of the ad so that you are able to recognize that the ad is coming from Best Offers, however, some older versions of the Software may not include this feature. Moreover, the ads will appear while you are surfing the Web, not just when you use the Software.
By clicking "yes", "install" or downloading, installing or using the Software, you acknowledge that you have read and understand this Agreement, agree to be bound by its terms and represent that you have the necessary rights and permissions to install the Software on the computer being used. If you do not agree to be bound by the terms of this Agreement or do not have the necessary rights to the computer being used, you may not download or use the Software.
2. Functionality - This Software delivers advertising as well as various promotional messages to your computer screen while you view Internet web pages. Best Offers is able to provide you with the Software free of charge as a result of your agreement to accept the advertising and promotional messages it delivers.
By installing the Software, you understand and agree that the Software may, without any additional notice to you, perform the following: display pop-up ads and various other ad formats of third party advertisers; display links to and advertisements of related websites based on the information you view and the websites you visit; store non-personally identifiable information regarding your Internet browsing and usage habits; redirect certain URLs, including your browser's default 404-error page; provide advertisements, links or information in response to search terms you use at third-party websites; provide search functionality or capabilities.
3. Uninstall and Remove Software - You may uninstall the Software at any time by visiting www.bestoffersnetworks.com/uninstall. Other attempts to uninstall the Software, such as via anti-spyware software, may not effectively uninstall the Software. Visiting www.bestoffersnetworks.com/uninstall is the primary method to properly remove the Software. The uninstall may leave behind a marker on your computer for the sole purpose of notifying Best Offers that you no longer want the Software to operate on your computer.
Best Offers may terminate this Agreement or your right to continue to use the Software at any time.
4. Software update and repair - You understand and agree that Best Offers may, without providing additional notice to you: update or upgrade the Software, which may include software from Best Offers' affiliates. Best Offers will not materially modify the functionality of the Software without notifying you of such a modification.
You understand and agree that Best Offers may automatically repair the Software if Best Offers believes the Software is malfunctioning or has missing or damaged files.
5. Security - Best Offers is dedicated to helping to ensure the security of your computer. There are third parties who are unaffiliated with Best Offers and who may in the future, attempt to install applications or functions onto your computer without first obtaining your consent, or who may have already done so.
Some of these third parties may attempt to install a virus, worm, trojan horse and/or other malicious and unwanted agent onto your computer. In order to ensure the safety of your computer, Best Offers may remove the virus, worm or trojan horse from your computer.
These third parties may also attempt to insert particular domain names into your browser's list of "trusted sites," make host file changes or manipulate your network communication functionality without first obtaining your consent. By doing so, such third parties may obtain access to your computer as a means to install unwanted or damaging components on your computer.
You understand and agree that Best Offers may flush the list of all trusted sites in your browser from time to time. Thereafter, you may need to re-designate as trusted sites certain web sites that you had previously designated as trusted sites. Best Offers believes this a benefit to you because it enhances the security of your computer and provides you with the ability to choose whether or not to install certain components on your computer.
Some third parties may attempt to disrupt network communications to and from your computer to Best Offers' servers. This may include the manipulation of either your DNS configuration, or your computer's host file. If Best Offers believes that a third party is impeding your network communications, we reserve the right to correct the conflict in order to preserve proper communication.
If you do not want Best Offers and/or the Software to take these security measures, you should not install the Software, or follow the procedures set forth below in Section 3 to remove the Software.
6. Privacy - Best Offers does not require you to provide any personally identifiable information in order to download or use the Software. However, the Software does collect certain types of non-personally identifiable information about individuals who install and use the Software. None of the information collected is used by Best Offers to identify you personally. The use and collection of your information is in accordance with Best Offers' privacy policy located at www.bestoffersnetworks.com/privacy.php and is incorporated as part of this Agreement.
7. Software License - The Software, including any documentation, enhancements, additions or other modifications thereto, is a copyrighted work belonging to Best Offers and its licensors. Best Offers on behalf of itself and Licensors grants to you a personal, revocable, nonexclusive, non-assignable and nontransferable license to download, install and use the Software on a single computer and to use the Software only as permitted under this Agreement for non-commercial purposes only.
All rights not expressly granted to you by the foregoing paragraph are reserved by Best Offers and its licensors. Without limiting the generality of the foregoing, you may not modify, distribute, sublicense, rent, lease, or create derivative works based on the Software or any part thereof. Except as may be permitted by law, you may not reverse engineer, decompile or disassemble the Software. You may not copy the Software other than to make one copy of the Software for back-up purposes. You may not use the Software for any commercial purpose, and may not use the Software in the operation of a service bureau or for the benefit of any other person or entity. Moreover, you may not transfer, sell, assign or convey the Software to another party without the prior written consent of Best Offers. You shall maintain all copyright notices, trademark notices, and other proprietary notices on the Software.
You agree not to publicly disseminate performance information or analysis (including, without limitation, benchmarks) developed by you or obtained from any third party relating to the Software.
8. Proprietary Rights - The Software, and any materials posted or delivered in connection with the use of the Software, including code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademark rights, service mark rights, or other proprietary rights which are either owned by Best Offers, or owned by other parties who have licensed their Intellectual Property to Best Offers.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other Intellectual Property of Best Offers or its licensors without express written consent of Best Offers. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of Best Offers and its affiliates without the express written consent of Best Offers or its licensors.
Use or modification of the Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization, is a violation of Best Offers' or its licensors' Intellectual Property rights and is strictly prohibited.
9. Trademarks - Best Offers, bestoffersnetworks.com and other Best Offers logos, page headers, buttons, icons, and service names are trademarks, service marks and/or trade dress of Best Offers or its licensors. None of Best Offers' or its licensors' trademarks, service marks or trade dress may be used in connection with any product or service that is not a product or service of Best Offers or its licensors in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Best Offers or its affiliates.
10. Indemnification - You agree to defend, indemnify, and hold harmless Best Offers and its affiliates, and each of their respective officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees and expenses, relating to or arising out of any breach of this Agreement or any use of the Software by you, or by any other person using the Software through you or using or accessing your computer.
11. DISCLAIMER OF WARRANTY - YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFECT OF THE SOFTWARE IS YOURS AND YOURS ALONE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BEST OFFERS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER BEST OFFERS NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SOFTWARE, INCLUDING ITS CONTENT, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ERROR FREE; (II) THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SOFTWARE; (V) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES REFERENCED USING, OR ACCESSIBLE THROUGH, THE SOFTWARE; AND (VI) ANY IMPLIED WARRANTY ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE. BEST OFFERS AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY IRREVOCABLY RELEASE BEST OFFERS AND ITS AFFILIATES FROM AND WAIVE, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF BEST OFFERS OR ITS AFFILIATES.
IF YOU PURCHASE A PRODUCT OR SERVICE AS A RESULT OF USING THE SOFTWARE, AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU IRREVOCABLY RELEASE AND DISCHARGE BEST OFFERS AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT, COMPENSATORY AND PUNITIVE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND SOLELY AT YOUR RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH SOFTWARE AND/OR CONTENT.
12. LIMITATION OF LIABILITY - IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL BEST OFFERS OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION OR PROCEEDING) ARISING OUT OF OR RELATED TO (I) ANY USE OF THE SOFTWARE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED THROUGH THE SOFTWARE, (II) ANY USE OR INABILITY TO USE THE SOFTWARE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SOFTWARE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SOFTWARE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow for the exclusion of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above limitations may not apply to you.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if Best Offers is liable to you for any other reason, then Best Offers' aggregate liability for all claims under such circumstances shall not exceed the greater of ten dollars ($10.00) or the amount paid by you for your use of the Software.
13. Acceptable Use Policy - While Best Offers encourages you to refer friends, family, colleagues, and others to use the Software, you may do so only through methods that are consistent with the terms and conditions of your own Internet Service Provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Software or the server, name, trademarks, or other Intellectual Property of Best Offers in conjunction with the sending of unsolicited e-mail, or cause to be used Best Offers equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited e-mail messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, re-mailing service, or address forwarding service, in such a way that Best Offers network addresses or Best Offers hosted Web or e-mail services are in any way identified as being associated with the sending of unsolicited e-mail. Other prohibited methods of advertising or promoting your involvement with Best Offers include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior or other violations of the terms of use of the Software should be reported to support@bestoffersnetworks.com.
You may only use the Software for lawful purposes and in strict compliance with this Agreement and all applicable laws. You may not use the Software to post or transmit any message or content, including linking to any message or content, which is abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable; is being used to harass, stalk or otherwise threaten a person; is libelous, defamatory or invades any privacy or publicity rights of any third party; misrepresents or masks the true identity of any party; infringes any copyright, trademark, service mark, patent, trade secret or confidentiality obligation; contains any illegal contests or lotteries, or any pyramid schemes; or contains any virus, trojan horse, time bomb or any other harmful or disabling software code.
You may not use any persons, means, devices or arrangements to commit fraud, redirect Internet traffic in a deceptive or fraudulent manner, interfere with the proper operation of the Software or falsify or manipulate results or information generated or collected in connection with the Software.
Best Offers has the right, but not the obligation, to investigate any reported violation of its policies and take any action it deems appropriate, including but not limited to terminating your access to the Software without notice. To protect Best Offers' systems and users, to ensure the integrity and operation of Best Offers' business and systems, or in response to subpoenas, court orders, or legal requirements, Best Offers may access and disclose any information that it considers necessary or appropriate, including IP addressing, traffic information and Web usage paths. By using the Software, you expressly consent to the foregoing use and disclosure.
14. Applicable Law; Jurisdiction And Venue - This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws, and you hereby consent to the personal and exclusive jurisdiction of the state and federal courts sitting in the County of New York, State of New York.
15. Arbitration - Except as provided in the next paragraph, you and Best Offers agree that any and all disputes, controversies and claims relating in any way to the Software, this Agreement or the breach thereof (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of a confidential arbitration before a single arbitrator administered by the American Arbitration Association under its then current Commercial Arbitration Rules and conducted in the County of New York, State of New York. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You and Best Offers may litigate in any court of competent jurisdiction only to stay or compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators and to enforce the judgment that is entered. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an action involving any other current or former user of the Software, whether through class arbitration proceedings or otherwise.
However, to the extent you have in any manner violated or threatened to violate Best Offers' rights in the Intellectual Property, Best Offers may seek injunctive or other appropriate relief in any court of competent jurisdiction and you irrevocably consent to jurisdiction and venue in such courts.
16. Changes - Best Offers may change any of the terms and conditions contained in this Agreement, including the privacy policy referenced in Section 6 above, and other policies and guidelines governing the Software, at any time in its sole discretion. Notices of material changes to this Agreement will be posted on Best Offers' website at www.bestoffersnetworks.com when they become effective. Prior versions of this agreement were available under the betterinternet name at abetterinternet.com. You are solely responsible for reviewing the notices and any applicable changes. You agree that your continued use of the Software after any changes to this Agreement, including the Privacy Policy, take effect will constitute your acceptance of such changes. If you do not wish to accept the changes to this Agreement, do not continue to use the Software after the effective date of such changes and uninstall the Software.
17. General Provisions - This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof, oral or written. If, for any reason, an arbitrator or court of competent jurisdiction finds any provision of this Agreement, or portion thereof, unenforceable, then the remainder of this Agreement shall continue in full force and effect and the provision in question will be read, or replaced with another provision, to give maximum effect to the intention of the parties as reflected by its plain language. Best Offers' failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Best Offers' right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing. All provisions of this Agreement relating to ownership of Intellectual Property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of this Agreement and the termination of your use or access to the Software, for whatever reason. You acknowledge that your violation of the provisions relating to Intellectual Property and proprietary rights may cause damage to Best Offers which is unquantifiable but nonetheless real and irreparable. Accordingly, in the event Best Offers determines in its sole discretion that you have violated or will violate any such provision, Best Offers will be entitled to injunctive relief from a court of competent jurisdiction restraining such violation. Best Offers' specific remedies set forth under this Agreement for any breach by you of this Agreement or otherwise shall be cumulative and shall not restrict or limit Best Offers ability to resort to any other remedy available under law or equity. Any rights not expressly granted herein are reserved.
18. International Access. The Software is provided from the United States of America. The laws of other countries may differ regarding the access and use of the Software. Best Offers makes no representations regarding the legality of the Software in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Last updated September 16, 2005 |
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| SpyRescue(スパイレスキュー) |
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X-Cleaner,SpyRescue製品は製品の開発メンテナスを終了しました。
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| 最近追加されたスパイウェア |
[お知らせ]
X-Cleaner,SpyRescue製品は製品の開発メンテナスを終了しました。
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