Terms of Service

Updated on August 15, 2020

PLEASE READ THIS TERMS OF SERVICE AND LICENSE CAREFULLY BEFORE INSTALLING OR USING OUR SITE/PRODUCT. BY USING OUR SITE/PRODUCT, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.


PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE OUR SITE/PRODUCT..


For more details about how we collect, store, share, and use information collected, please visit our privacy policy (the " Privacy Policy ").


Acceptance of Terms

Following your acceptance of this EULA, by installing our Site/Product, the Site/Product will change your Chrome browser’s default search engine to a sponsored search engine. If you do wish to change your default search engine or in case you wish to reset such change, you can do so by either - (i) resetting your default search engine via browser settings; (ii) temporarily disabling the Site/Product; un-installing the Site/Product.


The Site/Product may include Yahoo’s search feed, which may further link to third-party sites and/or content (collectively, “Third-Party Content”). Any use by you of Third-Party Content that is available via the Site/Product is subject to the terms and conditions of any such Third-Party Content. You can read Yahoo’s international Terms of Service here: https://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. 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. You acknowledge and agree that certain Third-Party Content may cease to be available to you from the Software at our sole discretion and without notification to you.


This EULA and the privacy policy (together, this " Agreement ") govern your use of our product. You may not use our products if (a) you are not of legal age to form a binding contract with us, or (b) you are a person barred from receiving or using the product under the laws of the United States or other countries, including the country in which you are resident or from which you use the product.


This Agreement is a legally binding agreement.


By using and/or visiting iPrivateSearch 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.


Age Requirement

You must be 13 years of age or older to install or to use the Site/ Product.


License & Use Restrictions

Subject to your compliance with these Terms, we (“Licensor”) hereby grant you a limited, personal, non-transferable, non-sublicensable, license (NOT SOLD) to use iPrivateSearch on applicable devices that are under your control, provided that you will fully comply with the terms and conditions of these Terms and our Privacy Policy. You may not do any of the following: (1) Interfere with the security of the product in some way. (2) Use the product in a way that violates or disrupts the services it provides. (3) Make any use of a product that violates the legal rights of any user. (4) Use the product illegally. (5) Use the product in violation of applicable law or regulation.


We reserve the right at our sole discretion to disable your access to iPrivateSearch at any time and without notice. In no event we will be liable for the disabling of your access or to any feature available therein.


Linked Content

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.


Termination

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.


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.


Copyright

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.


Indemnification

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 defence 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 defence of such claim.


WARRANTIES

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 COMMUNICATION 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 AND PRODUCT ARE PROVIDED ON AN "AS IS "AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND PRODUCT 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 MERCHANTABILITY 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 AND PRODUCT, INCLUDING THEIR CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE; (ii) THAT THE WEBSITE AND PRODUCT WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND PRODUCT 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 AND PRODUCT IS NON-INFRINGING. 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 AND PRODUCT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF THE 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.


Governing Law & Jurisdiction

THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE 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.


Miscellaneous

Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and us. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof. We may assign our rights and obligations under these Terms and the Privacy Policy. You may not assign your rights and obligations hereunder without our prior written consent.


YOU AGREE THAT YOUR CONTINUED USE OF THE WEBSITE AND PRODUCT, 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.


We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features or nature of the product we provide may change from time to time without prior notice to you. We may also cease or discontinue providing the product or upgrades at any time.


For details about our data collection and data use practices, please see our Privacy Policy. As explained in the Privacy Policy, we may collect and store information from your use or web sessions which may be used to display targeted advertising.


Contact Us

If you have any questions, complaints and/or claims, you may contact us at: [email protected] You may also submit inquiries to our appointed Data Protection Officer by the above email address or deliver a physical inquiry to 4 World Trade Center, Suite 2983, New York, New York 10007, United States.