Comedy -Planet

Overall privacy statement

We take your privacy seriously. Because we gather certain types of info rmation about our users we want to help you understand the terms and conditions surrounding the collection and use of that info rmation. This privacy statement discloses the types of info rmation we gather, how we use it, and how to correct or change it. These privacy practices apply to the Web site that you were viewing when you clicked through to this policy, which is operated by us directly, our partner, or our affiliate.

What info rmation does Comedy-Planet collect?

Our primary goal in collecting personal info rmation is to provide you with the best and most useful content and services. Because we derive revenue mainly from advertising, collecting info rmation is essential to keeping our services affordable to users.

We collect personally identifiable info rmation when you provide it to us, such as when you register on our site, when you subscribe for a print magazine or an e-mail newsletter or when you register to use certain services. Several of the services that we offer on our site may require registration as a condition of use. Once you register, you are no longer anonymous to us. We may also receive info rmation about you from other sources and add it to the info rmation you provided to us.

This personally identifiable info rmation is limited to:

1. First and last name

2. Address, including street name & city (optionnal)

3. Email address

4. Telephone number (optionnal)

What is Comedy-Planet's practice regarding cookies?

Your Internet browser has a feature called "cookies" which stores small amounts of data on your computer about your visit to our site. You do not need to have cookies turned on to visit our site, although active participation in certain areas of our site may require cookies. Cookies alone tell us nothing about who you are unless you specifically give us personally identifiable info rmation when, in which case we use the info rmation to enhance your services in the ways described below. You may elect not to allow cookies to be collected by adjusting your settings on your browser.

We use technologies, including electronic images known as Web bugs--sometimes called transparent GIFs, clear GIFs, or beacons--that allow us to track general user traffic patterns. We also automatically receive and record info rmation from our servers and from your browser, including your IP address, the time of your visit to pages on our site, and info rmation about pages you visited. Unless you have registered for one of our products or services, the info rmation we gather through the use of tracking technologies cannot be matched with any personally identifiable info rmation about you unless you have specifically given us personally identifiable info rmation, in which case we use the info rmation to enhance your services in the ways described below.

We use cookies and tracking technologies in a variety of ways, including:

· Keeping count of return visits to our site or our advertisers' or partners' site

· Accumulating and reporting anonymous, aggregate (data collected in mass), statistical info rmation on Web site and advertisement usage

· Determining which features our overall user population likes best

We allow other companies that are presenting advertisements on our site and, sometimes, in our newsletters to use tracking technology on your computer. We do not give any personally identifiable info rmation to them as part of this relationship. Unless you visit the website of these companies and provide them with personally identifiable info rmation about yourself, these tracking technologies tell those advertisers nothing about who you are. Our advertisers' use of tracking technology is subject to their own privacy policies.

Privacy of children

Our site is not directed to children under the age of 13. We operate our site in compliance with the Children's Online Privacy Protection Act and do not permit registration by, and will not knowingly collect or use personally identifiable info rmation from, anyone under 13 years of age. This requirement is clearly posted during the registration process.

Questions, comments

Questions regarding this privacy statement, or regarding any other aspects of our Web site and software, should be sent via e-mail below or to our corporate offices at

Bencorp Building High

St. Box 2566

Antigua ;

Attention: Legal Department.

We read every message submitted and try to reply promptly to every one. We may also file your comments to improve the site, or review and discard the info rmation.

Email : legal@comedy-planet.com

Terms of Use

Your use of our Internet site or any of the products or services offered on that site (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our site. Your use of our site constitutes your binding acceptance of these Terms, including any modifications that we make.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend or terminate your access to all or any part of our Services;

2. Change, suspend or discontinue all or any part of our Services;

3. Refuse, move or remove any material that you submit to our site for any reason;

4. Refuse, move, or remove any content that is available on our site;

5. Deactivate or delete your accounts and all related info rmation and files in your account;

6. Establish general practices and limits concerning use of our site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.

Content On Our Site

Our site include a combination of content that we create, that our partners create and that our users create. All materials published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our site in whole or in part. If you would like to request permission to use any of the content on our site, please review our Copyright Notice and visit our Reprints & Permissions.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on our site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

You may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Third-Party Site, Products and Services

Our site contain links to other Internet site owned by third parties. Your use of each of those site is subject to the conditions, if any, that each of those site has posted. We have no control over site that are not ours and we are not responsible for any changes to or content on them. Our inclusion on our site of any third party content or a link to a third party site is not an endorsement of that content or third party site.

We do not sell, resell or license any of the products or services that we review, list or advertise on our site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.

Your Conduct On Our Site

If we request registration info rmation from you, you will provide us with true, accurate, current and complete info rmation. You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and software underlying our site and the Services is the property of Comedy-Planet, our affiliates and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our site or the Services. You agree not to modify the software underlying our site in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our site.

Without limiting the foregoing, you agree that you will not use our site to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;

2. Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;

3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our site, any software or hardware, or telecommunications equipment;

4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

6. Download any file that you know or reasonably should know, cannot be legally obtained in such manner;

7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

8. Restrict or inhibit any other user from using and enjoying any public area within our site;

9. Collect or store personal info rmation about other end users;

10. Interfere with or disrupt our site, servers or networks;

11. Impersonate any person or entity falsely state or otherwise misrepresent your affiliation with a person or entity;

12. Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our site, or to manipulate your presence on our site;

13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

14. Engage in any illegal activities

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), only to send and receive messages and material that are proper and related to that particular Forum.

Unauthorized access to our site is a breach of these Terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by Comedy-Planet for use in accessing our site. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our site except those automated means that we have approved in advance and in writing.

Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our site.

Requests To Remove Certain Content From Our Site

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice.

Indemnification

You hereby agree to indemnify, defend and hold Comedy-Planet, and all of our officers, directors, owners, employees, agents, info rmation providers, affiliates, partners and licensors (collectively, the "Comedy-Planet Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Comedy-Planet Party in connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of:

1. Your use of our site;

2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;

3. The content, quality or performance of content that you submit to our site;

4. Your connection to our site;

5. Your violation of these Terms; or

6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Disclaimers

We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any info rmation or material. We disclaim any responsibility for any harm resulting from downloading or accessing any info rmation or material on the Internet using search results from our site. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our site, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT OR ANY OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration

Comedy-Planet may elect to resolve any controversy or claim arising out of or relating to these Terms or our site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Antigua , and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Antigua necessary to protect the rights or property of you or Comedy-Planet (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

Miscellaneous

We may be required by federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our site or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact info rmation. If you do not provide us with accurate info rmation, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the General Counsel, Comedy-Planet, Bencorp Building High St. Box 2566, Antigua .

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Comedy-Planet and govern your use of our site, superceding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of Antigua , and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Antigua if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Comedy-Planet's copyright notice

All editorial content and graphics on our site are protected by Antigua copyright, international treaties and other applicable copyright laws and may not be copied without the express permission of Comedy-Planet which reserves all rights. Re-use of any of Comedy-Planet's editorial content and graphics for any purpose without Comedy-Planet permission is strictly prohibited.

Permission to use Comedy-Planet content is granted on a case-by-case basis. Comedy-Planet welcomes requests. Please visit our Reprints & Permissions page to submit a request.

DO NOT copy or adapt the HTML or other code that Comedy-Planet creates to generate pages. It also is covered by Comedy-Planet's copyright.

As a regular part of our business, Comedy-Planet displays advertisements and product listings from a wide variety of companies. Comedy-Planet is not in a position to arbitrate disputes between companies who advertise or list their products on our site and the owners of intellectual property rights.

As a courtesy to owners of intellectual property rights, we are willing to perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove the allegedly infringing materials from our site.

We encourage the owners of intellectual property rights who believe their rights are being infringed by a company who advertises or lists its products on our site to resolve their disputes directly with those companies.

If you believe that your rights have been violated

If you believe that your intellectual property rights have been violated by Comedy-Planet or by a third party who has included material on our site, please provide the following info rmation to the Comedy-Planet designated copyright agent listed below:

1. a description of the copyrighted work or other intellectual property that you claim has been infringed;

2. a description of where the material that you claim is infringing is located on the site;

3. your address, telephone number and email address where Comedy-Planet can contact you and, if different, an email address where the alleged infringing party, if not Comedy-Planet, can contact you;

4. a statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, its agent or by law;

5. a statement by you under penalty of perjury that the info rmation in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf the owner's behalf;

6. your electronic or physical signature

It is often difficult to determine if your intellectual property rights have been violated. We may request additional info rmation before we remove any infringing material. We may provide the alleged infringing party with your email address so that that person can respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

If your materials have been removed based on the complaints of another party

Comedy-Planet will provide you with notice if your materials are removed due to alleged infringement of a third party's intellectual property rights. We will also provide you with the email address of the complaining party so that you may attempt to resolve the issue. We will restore your materials upon notification from the complaining party that the dispute has been resolved.

If you believe your copyright material is being used on this web site without permission, please notify the designated agent at:

General Counsel

Comedy-Planet

Bencorp Building

High St. Box 2566 ,

Antigua

legal@comedy-planet.com

1. Acceptance of This Agreement - This BetterInternet End User License Agreement ("Agreement") is a contract between you ("you" or "your") and BetterInternet, LLC, a Delaware corporation with a mailing address of 2711 Centerville Road, Suite 400, Wilmington DE 19808-1660 ("BetterInternet"), and governs your use of BI ad targeting software ("BI") and other BetterInternet software and services provided to you (collectively, "Software"). The Agreement includes BetterInternet's Privacy Policy. Please read the terms of this Agreement carefully before installing and using the Software.

By clicking "yes" or downloading, installing or using the Software, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms. If you do not agree to be bound by the terms of this Agreement, you may not download or use the Software, and shall close this window without downloading the Software or clicking yes to indicate your acceptance of this Agreement.

2. Functionality - BI delivers advertising and various information and promotional messages to your computer screen while you view Internet web pages. BetterInternet is able to provide you with BI free of charge as a result of your agreement to download and use BI, and accept the advertising and promotional messages it delivers.

By installing the Software, you understand and agree that the Software may, without any further prior notice to you, automatically perform the following: display advertisements of advertisers who pay a fee to BetterInternet, in the form of pop-up ads, pop-under ads, interstitials ads and various other ad formats, display links to and advertisements of related websites based on the information you view and the websites you visit; store non-personally identifiable statistics of the websites you have visited; redirect certain URLs including your browser default 404-error page to or through the Software; provide advertisements, links or information in response to search terms you use at third-party websites; provide search functionality or capabilities; automatically update the Software and install added features or functionality or additional software, including search clients and toolbars, conveniently without your input or interaction; install desktop icons and installation files; install software from BetterInternet affiliates; and install Third Party Software.

In addition, you further understand and agree, by installing the Software, that BetterInternet and/or the Software may, without any further prior notice to you, remove, disable or render inoperative other adware programs resident on your computer, which, in turn, may disable or render inoperative, other software resident on your computer, including software bundled with such adware, or have other adverse impacts on your computer.

3. Privacy Policy - BetterInternet, during the delivery and your use of the Software, does not collect any personally identifiable information about you, such as your surname, address, telephone number or e-mail address, nor does BetterInternet require such information from you before downloading or installing the Software. However, to enable BetterInternet to provide and operate its Software, BetterInternet collects certain types of non-personally identifiable information about individuals who install the Software. This information may include your Internet protocol (IP) address, your domain, your operating system, your browser version, type and language and your Internet Service Provider.

Advertisements may be displayed of advertisers who pay a fee to BetterInternet and you may be provided with and/or redirected to content of other parties and/or links to third party websites or content or offered the opportunity to download software from third party software vendors. BetterInternet is not responsible for the privacy practices of such advertisers, content providers, third party software vendors or websites. BetterInternet encourages you to read the privacy policies of such advertisers, content providers, third party software vendors and websites.

BetterInternet may use invisible tracking or counting devices known as "web bugs" to register that a particular web page has been viewed and/or "cookies" or alphanumeric identifiers that BetterInternet transfers to your computer's hard drive through your web browser to enable BetterInternet's systems to recognize your web browser.

BetterInternet also collects and may use certain other types of non-personally identifiable information, including: certain of the web pages that you view, the amount of time that you spend on certain websites, your responses to ads served by BetterInternet, certain software installed to your computer and software characteristics and preferences, non-personally identifiable information on web pages and forms, software usage characteristics and preferences, and your ZIP code. BetterInternet associates this information with a randomly-generated anonymous identifier for your computer and may use this information to enable the functionality of the Software, to periodically update the Software, to deliver and display ads served by BetterInternet of advertisers who pay a fee to BetterInternet, provide you with or redirect you to content or websites of such advertisers or other parties and offer you the opportunity to download software from third party vendors.

BetterInternet may share non-personally identifiable aggregate information about you with third parties, including advertisers.

If you have further questions about BetterInternet's privacy practices, you may contact us at contact@abetterinternet.com.

4. Children's Privacy Policy and Use - The Software is not directed to children. Because BetterInternet cannot determine with any degree of certainty whether a child is using a computer at a given time, this "Children's Privacy Policy and Use" explains BetterInternet's practices regarding the collection and use of personally identifiable and non-personally identifiable information from children under the age of thirteen and provides important information regarding your rights under federal law with respect to such information.

BetterInternet does not knowingly collect personally identifiable information from children under the age of thirteen. If BetterInternet becomes aware that it has inadvertently received personally identifiable information and/or data from a user under the age of thirteen, BetterInternet will delete such past data from its records and will cease to collect any new data from that computer, including any non-personally identifiable data.

Since BetterInternet does not knowingly collect any personally identifiable information from children under the age of thirteen, BetterInternet also does not knowingly distribute such information to third parties. Further, because BetterInternet does not knowingly collect any personally identifiable information from children under the age of thirteen, it does not condition the participation in online activities of a child under thirteen on providing personally identifiable information.

For more information on children's privacy on-line, please visit the Kidz Privacy website, sponsored by the Federal Trade Commission at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.

5. Age Limitation - You must be thirteen years of age or older to download or use the Software. By downloading the Software, you represent and warrant to BetterInternet that you are thirteen years or older.

6. Software License - The Software, which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, BetterInternet grants to you a personal, nonexclusive, non-assignable and nontransferable license to download, install and use the Software to and on a single computer and to use the Software as permitted under this Agreement for non-commercial purposes only. BetterInternet may terminate this license at any time without notice.

All rights not expressly granted to you by the foregoing sentence are reserved by BetterInternet. 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 other than as permitted hereunder, 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 BetterInternet. You shall maintain all copyright notices, trademark notices, and other proprietary notices on the Software. You have no ownership rights in the Software. Rather, you have a license to use the Software pursuant to the terms of this Agreement. Title, ownership rights, and intellectual property rights in and to the Software and related documentation remain in BetterInternet.

7. 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 BetterInternet, or owned by other parties who have licensed their Intellectual Property to BetterInternet.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of BetterInternet and its affiliates without express written consent of BetterInternet. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of BetterInternet and its affiliates without the express written consent of BetterInternet and its affiliates. Any unauthorized use terminates the permission or license granted by BetterInternet in this paragraph

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 BetterInternet copyrights and other proprietary rights and is strictly prohibited.

8. Trademarks - BetterInternet, aBetterInternet.com and other BetterInternet logos, page headers, buttons, icons, scripts, and service names are trademarks, service marks and/or trade dress of BetterInternet or its affiliates. None of BetterInternet or its affiliates' trademarks, service marks or trade dress may be used in connection with any product or service that is not a product or service of BetterInternet or its affiliates in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits BetterInternet or its affiliates.

9. Indemnification - You agree to defend, indemnify, and hold harmless BetterInternet 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.

10. 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, BETTERINTERNET AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER BETTERINTERNET 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 ACCURATE, COMPLETE, RELIABLE, OR 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 THE SOFTWARE; (vi) ANY IMPLIED WARRANTY ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE; AND (vii) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR THAT THE SOFTWARE IS NONINFRINGING. BETTERINTERNET AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY IRREVOCABLY RELEASE BETTERINTERNET AND ITS AFFILIATES FROM AND WAIVE, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF BETTERINTERNET 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 BETTERINTERNET AND ITS AFFILIATES, AND ANY OF ITS OR THEIR 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.

11. Limitation Of Liability - IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL BETTERINTERNET 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 BetterInternet is liable to you for any other reason, then BetterInternet's 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.

12. Termination - By entering into this Agreement, you represent to BetterInternet that you have intentionally chosen to install the Software and that you will personally uninstall the Software from your computer if you no longer wish the application to be present on your computer by going to http://mypctuneup.com.

While you may choose to delete the Software from your computer at anytime by following the instructions herein, some third party applications may attempt to delete, disable or modify the Software with or without notice to you. You further represent to BetterInternet that BetterInternet may store a cookie, computer file or other unique identifier on your computer to identify you and automatically repair or reinstall the Software if any third party application attempts to delete, disable or modify the Software. BetterInternet may terminate this Agreement or your right to continue to use the Software at any time.

Further, you agree that you will not initiate, permit, authorize or assist any third party or application to remove the Software from your computer, or disrupt its operation or the operation of any other user. You agree that removal of the Software from your computer will only be performed by you pursuant to the instructions set forth herein.

13. Anti-Spam Policy And Acceptable Use - While BetterInternet 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 BetterInternet in conjunction with the sending of unsolicited e-mail, or cause to be used BetterInternet 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 BetterInternet network addresses or BetterInternet 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 BetterInternet 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 contact@abetterinternet.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.

14. Access to Software - To use the Software, you must provide all your own equipment to establish a connection to the Internet and provide for your own access, including paying any fees. You represent and warrant to BetterInternet that you have the necessary rights and permissions to install the Software on the computer used herein.

15. Other Websites - The Web changes constantly, and no technique can index all pages accessible on the Web. As a result, BetterInternet cannot guarantee the completeness or accuracy of the websites or URLs to which BetterInternet's Software link or refer. Further, the process of including websites in the Software is largely automatic, if at all. BetterInternet does not screen the websites accessed through the Software, and these other websites are maintained by persons over whom BetterInternet exercises no control. For these reasons, BetterInternet assumes no responsibility for the content of any website or URL included in the Software and is not responsible for errors or omissions or for offensive or objectionable content contained on any such website or URL.

16. Third Party Software - During the process of downloading and/or using the Software, you may also be offered the possibility to download software from third party software vendors pursuant to license agreements or other arrangements between such vendors and yourself ("Third Party Software"). Please note that the Third Party Software is subject to different license agreements or other arrangements, which you should read carefully. By downloading and using this Third Party Software you accept these Third Party Software license agreements or other arrangements and acknowledge that you have read them and understand them. BetterInternet disclaims to the maximum extent permitted by applicable law, any responsibility for or liability related to the Third Party Software. Any questions, complaints or claims related to the Third Party Software should be directed to the appropriate vendor. THE THIRD PARTY SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS". BETTERINTERNET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THIS SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BETTERINTERNET BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF BETTERINTERNET HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

There are inherent dangers in the use of any software available for downloading on the Internet, and BetterInternet cautions you to make sure that you completely understand the potential risks before downloading any of the Third Party Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Third Party Software, and BetterInternet will not be liable for any damages that you may suffer in connection with using any of the Third Party Software.

17. Illegal, Unauthorized, Or Fraudulent Content Or Activities - The Software may be used only for lawful purposes and in a lawful manner and in compliance with this Agreement. You agree to comply with all applicable laws and regulations. BetterInternet 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 BetterInternet systems and users, to ensure the integrity and operation of BetterInternet business and systems, or in response to subpoenas, court orders, or legal requirements, BetterInternet may access and disclose any information that it considers necessary or appropriate, including user contact details, IP addressing and traffic information, copyright infringement, and Web usage paths. By using the Software, you expressly consent to the foregoing use and disclosure.

18. 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.

19. Arbitration - Except as provided in the next paragraph, you and BetterInternet 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 BetterInternet 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 BetterInternet's rights in the Intellectual Property, BetterInternet may seek injunctive or other appropriate relief in any court of competent jurisdiction and you irrevocably consent to jurisdiction and venue in such courts.

20. Changes - BetterInternet may change any of the terms and conditions contained in this Agreement, including the Privacy Policy in Section 3 of this Agreement 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 BetterInternet website at www.abetterinternet.com when they become effective. 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.

21. 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. BetterInternet's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of BetterInternet's 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 BetterInternet which is unquantifiable but nonetheless real and irreparable. Accordingly, in the event BetterInternet determines in its sole discretion that you have violated or will violate any such provision, BetterInternet will be entitled to injunctive relief from a court of competent jurisdiction restraining such violation. BetterInternet's 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 BetterInternet ability to resort to any other remedy available under law or equity. Any rights not expressly granted herein are reserved.

22. 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. BetterInternet 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.

EULA | Contact Us ©2004 BetterInternet, LLC. All rights reserved.

Outward Media End User License Agreement ("Terms and Conditions"):

PLEASE READ THE OUTWARD MEDIA INC PRIVACY STATEMENT AND END USER LICENSE AGREEMENT (COLLECTIVELY "Terms and Conditions") CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM. THEY CONTAIN IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE ACCEPTING ANY APPLICATION OF OUTWARD MEDIA, INCLUDING THE HYPER LINKER APPLICATION.

THESE Terms and Conditions MAY BE TERMINATED AT ANY TIME BY REMOVING THE HYPER LINKER APPLICATION FROM THE COMPUTER ON WHICH IT RESIDE USING THE ADD/REMOVE PROGRAMS MENU IN THE MICROSOFT(r) WINDOWS(r) CONTROL PANEL, AND DESTROYING ANY OTHER COPIES OF HYPER LINKER THAT MAY HAVE BEEN MADE.

This service (the "Service") and the software enabling the use thereof (the "Software" or Hyper Linker) is currently provided as a free service to any User thirteen (13) years of age or older (collectively "User" or "Users") that agrees to abide by these Terms and Conditions.

Downloading the Service means that you are at least thirteen (13) years of age and accept and agree to be bound by the Terms and Condition and to receive the Service and the Software. From time to time Outward media may update or transfer new versions of the Software or Service, in whole or part. Your use of the updated or new versions of the Software and/or subsequent use of the Service is subject to these Terms and Conditions. If you do not agree to abide by these terms, you may not use the Service.

Outward media, Inc. is providing you a Service and a Software that, when downloaded on your computer system will notify you of offers, links and or info rmation that may be of interest to you, by adding an overlay to text of Web sites you visit or by opening new browser windows with various offers, links and info rmation. Upon the opening of any World Wide Web Page, the Software scans the Web Page, marks on top of those pages words and/or phrases with a blue underlines and or highlights, for which there are associated Web sites, and creates active links to such sites, or opens up new browser windows with advertisements and various offers, links and info rmation. This highlighting and underlining, and new browser windows that are clearly marked with the OUTWARD MEDIA name and/or logo, or Hyper Linker name/or logo, are not part of the Web page you are on, but are overlays provided by the Service . When you click on the marked word or phrase, or on the new browser window you will be directed to a third party Web site, and if the marked word or phrase is part of a pre-existing link, a pop-up display will ask you if you would like to go to the original link or to the third party Web site, or other promotions will be presented to you. Links to the associated third party Web sites are provided by the Service are clearly marked and are not provided by the Web site you are visiting. If you follow any link and wish to return to the site where you were, simply click the Back button.

What should you be aware of while downloading software from OUTWARD MEDIA, through third parties who distributes Hyper Linker software?

You have the right to (1) receive a clear notice from the third party that distributes the Hyper Linker Application or any other third party software, regarding the installations or downloading of this software including the software from OUTWARD MEDIA, as OUTWARD MEDIA requests each of its third party partners that distributes the Software from OUTWARD MEDIA to Internet users, to display such notice to users before they download or install the OUTWARD MEDIA applications, including but not limited to, the Hyper Linker application; and (2) Reject the installation of the third party software including the Hyper Linker application that is offered with it; and (3) If you refuse to download the third party application, that includes software from OUTWARD MEDIA, including but not limited to the Hyper Linker application or if you uninstall the third party software including the software from OUTWARD MEDIA, it is the third party software responsibility not to try to re install the third party application and/or the application from OUTWARD MEDIA that it distributes, as OUTWARD MEDIA forbids its third party partners to install the applications from OUTWARD MEDIA, including but not limited to the Hyper Linker application, to users who reject the installation or who uninstall the application.

These Terms and Conditions shall control in the event of any inconsistency between these Terms and Conditions and any prior OUTWARD MEDIA Inc. terms and conditions agreed to.

PLEASE READ THE FOLLOWING SOFTWARE LICENSE AGREEMENT (THIS “AGREEMENT”) CAREFULLY. THE INSTAFINDER SOFTWARE IS A PRODUCT OWNED BY VISTA INTERACTIVE, A DIVISION OF BROADSPRING, INC. (“ VISTA ”) AND/OR ITS LICENSORS. BY DOWNLOADING, INSTALLING AND USING THE INSTAFINDER SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

YOU ARE GRANTED THE FOLLOWING LIMITED LICENSE:

A. Vista grants you a non-exclusive, limited license, pursuant to the terms and conditions herein, to download, install and use the most current version of the Instafinder Software for personal, non-commercial purposes.

B. By installing the Instafinder Software, you agree to allow the Instafinder Software during the term of this Agreement to direct your Internet browser to www.instafinder.com (the “Site”), a search page operated by Vista, each time you mistype a URL. Additionally, you agree that the Instafinder Software may provide suggestions of other websites for you to visit based on your mistyped URL.

IT IS STRICTLY PROHIBITED TO:

A. Modify or allow others to modify the Instafinder Software in part or in its entirety.

B. Decompile, disassemble, reverse engineer, or allow others to decompile, disassemble or reverse engineer the Instafinder Software.

C. Rent, lend, assign, lease or transfer rights to the Instafinder Software.

SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR USER RIGHTS ARE AUTOMATICALLY TERMINATED.

THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH VISTA MAY SEEK.

WARRANTY DISCLAIMER:

YOU AGREE THAT YOUR USE OF THE INSTAFINDER SOFTWARE OR THE SITE IS AT YOUR OWN RISK. THE INSTAFINDER SOFTWARE IS PROVIDED TO YOU ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. VISTA EXPLICITLY DISCLAIMS ALL LIABILITY WITH REGARD TO THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON THE SITE AND/OR THE SITES THAT LINK TO OR FROM THE INSTAFINDER SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. VISTA MAKES NO WARRANTY THAT THE INSTAFINDER SOFTWARE OR THE SITE IS FREE OF DEFECTS OR ERRORS, OR THAT ANY RESULTS THAT MAY BE OBTAINED FROM ITS USE WILL BE RELIABLE.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL VISTA, ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES, OR ANY OF THE CREATORS OF THE INSTAFINDER SOFTWARE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE INSTAFINDER SOFTWARE OR THE SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF VISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

The entire risk as to the results and performance of the Instafinder Software or the Site is borne by the user.

PROPERTY:

The "Instafinder" trademark is the sole property of Vista and is protected by United States and international trademark and intellectual property laws. Use of the “Instafinder” trademark is strictly forbidden without the express written permission of Vista . You hereby acknowledge and agree the Vista and its licensors are the sole owners of all right title and interest in and to the Instafinder Software and the Site.

GENERAL:

Vista reserves all rights not expressly granted herein. Vista may modify this Agreement at any time by posting the revised Agreement at www.instafinder.com. Your continued use of the Instafinder Software and/or the Site shall constitute your acceptance of such revised Agreement. You may not assign any rights granted to you hereunder. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles , California and you irrevocably consent to the personal jurisdiction and venue of such courts. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired. Vista may assign its rights and duties under this Agreement to any party at any time without notice to you. The terms set forth in this Agreement constitutes the final, complete and exclusive agreement with respect to the Instafinder Software.