The availability of the Services on a third party site, website, or application store does not necessarily indicate any relationship or affiliation between us and those sites.
Your use of the Services is subject to these TOU and all applicable laws, rules and regulations. Please read these TOU carefully and contact us with any questions.
1. License. Company grants you a revocable limited, non-sublicensable, non-transferable, nonexclusive license to use the Services solely for non-commercial purposes. In utilizing the Services, you are responsible for ensuring compliance with any applicable terms and conditions of the third party site through which the Services are made available. As between Company and you, title, ownership rights, and intellectual property rights in and to the Services and any derivatives or modifications thereof, in whole or in part, remain with Company. You understand that Company may modify or discontinue the Services or any of its features at any time in its sole discretion. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Services except in Company's sole discretion. You do not acquire any right, title or interest in any content on the Services by virtue of accessing the Services or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Services is granted to you by these TOU or otherwise. The trademarks, logos, service marks and business names displayed on the Services are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Services and any unauthorized reproduction, retransmission or other use of any part of the Services may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights. This includes, without limitation, the use of automated systems or software to extract data from the Sites for commercial purposes (also known as screen scraping), unless where you have a written agreement with us particularly to this extent.
3. Limitations. In connection with your use of the Services, you will not, and will not allow any third party to:
a) Post to, link to, or use the Services in connection with any material that contains:
b) Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Services;
c) Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Services or any content contained therein;
d) Use the Services in any manner that could damage, disable, overburden, or impair the Services, Company, the third party site on which the Services are available, or any other person or entity; or
e) Collect any information (including, without limitation, email addresses) about other users of the Services; create or transmit unwanted electronic communications to other users of the Services; or otherwise interfere with such users' enjoyment of the Services.
Unless otherwise expressly authorized in these TOU or on the Services, you may not take any action to interfere with the Services or any other user’s use of the Services. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute, publicly display or screen scrape any content from the Sites without our prior written consent. You agree not to bypass any measures we may use to prevent or restrict access to the Services.
You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Services.
4. Digital Millennium Copyright Act (“DMCA”) Notice.
We are committed to complying with U.S. copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, our users (including you) may not disseminate any material or content using the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Services if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is: email@example.com
If you believe that content that you or a third party owns has been used via the Services in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with the following information:
5. Limitation on Liability; Disclaimers. THE SERVICES, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE SERVICES AT YOUR OWN RISK. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE SERVICES. COMPANY DOES NOT WARRANT THAT THE SERVICES OR SERVICES CONTENT OR THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COMPANY) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION OF ANY OF YOUR SYSTEMS.
COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SERVICES. IN NO EVENT SHALL COMPANY, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SERVICES OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $5.00.
6. Indemnity. You agree that you will defend, indemnify and hold harmless Company, its parent, subsidiary and affiliated companies, each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Services of violation of these TOU, including without limitation (i) all matters related to your access to and use of any Company online services, including, without limitation, your use of the Services, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Services caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.
7. Links to Other Sites. The Services, including content therein, may contain links to third-party websites or may be available on third party websites.. These links are provided as a convenience to you. Company does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Company encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at his or her own risk. Your use of all third-party websites are subject to the applicable policies of those websites.
8. Termination. Company reserves the right, at any time and in its sole discretion, to discontinue the use of the Services in whole or in part, and prevent any person or entity from access to the Services. Upon termination for any reason, Sections 6 (Limitation on Liability; Disclaimers), 7 (Indemnity) and 10 (General), together with any licenses granted to Company hereunder, will survive.
9. General. The TOU and your use of the Services shall be governed by laws of the State of New York, without regard to its conflict of laws principles. Any action shall be brought exclusively in the courts located in the county of New York, New York and you hereby consent to such jurisdiction and venue. In no event shall any claim, action or proceeding by you related in any way to the Services be instituted more than one (1) year after the cause of action arose. If any provision of the TOU is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. The failure of Company to insist upon or enforce any of the provisions of these TOU, or to exercise any rights or remedies under these TOU, will not be construed as a waiver of Company's right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term.
Questions: Should you have any questions regarding these TOU you may contact us at Support@Taboola.com