READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. INSTALLING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE.
eZula TopText iLookup- TERMS AND CONDITIONS OF USE Agreement ("Agreement")
This service (the "Service") and the software enabling the use thereof (the "Software") 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 eZula 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.
EZula, Inc. is providing you a Service and a Software that, when downloaded on your computer system will notify you of offers and or information 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 and information. 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 yellow underlines and or highlights, for which there are associated Web sites, and creates active links to such sites. This highlighting and underlining 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, 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.
1. General Terms and Conditions: While eZula strives to protect any personal information, you acknowledge that you are aware of security and privacy limitations including without limitation: (i) the limitation of security, privacy and authentication measures and features in the Service; and (ii) that data and information on the Service may be subject to eavesdropping, forgery, spamming, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, and system contamination, including without limitation, viruses, worms, and Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information or data on your computer or other security or privacy hazards. If you do not wish to be subjected to these risks, you are advised not to use the Software or the Service.
2. License Restrictions. eZula grants to you a non-exclusive, limited license, pursuant to the terms hereof, to (a) install and use the Software solely for the purpose of accessing the eZula Service and (b) use eZula for your personal purposes. Your license to use the Service may, at eZula's discretion, expire when new versions of that eZula are released. eZula reserves the right to add additional features or functions to its Service, or to add new Services to the Service, at any time, without asking your approval. When installed on your computer, eZula communicates with its servers periodically. Additionally, eZula may require the update of its Software on your computer when a new version of the Software is released to the general public, when new features are available and/or to add new services to the Service. This update or new download may occur automatically or through other means.
3. Access and Registration: In order to use the Service, you must provide your own equipment to establish a connection to, and access, to the World Wide Web. You are responsible for any fees associated with such connection or access.
4. Disclaimer of Warranties: THE SOFTWARE AND SERVICE ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WITHOUT LIMITATION OF THE FOREGOING, EZULA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE OR SERVICE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE OR THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, VIRUS, OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EZULA DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PROGRAM OR PORTION OF THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MANIFESTING, CONTAMINATING OR DESTRUCTIVE PROPERTIES; (2) THAT ANY INFORMATION OR OTHER CONTENT PROVIDED BY EZULA, ITS PARTNERS OR AFFILIATES, USERS OF THE SERVICE OR ANY WEB SITE ACCESSED WHILE USING THE SERVICE WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (3) THAT THE FUNCTIONS OR SERVICES PERFORMED BY EZULA WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
5.User Conduct:
While using Service, you may not:
1.
Harass, threaten, embarrass or cause distress or discomfort upon another User, or any other individual or entity.
2.
restrict or inhibit any other User from using and enjoying the Service.
3.
Impersonate any other person or entity, including without limitation any eZula official, or misrepresent your affiliation with any other person or entity.
4.
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service that is protected by copyright or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
5.
Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted under applicable copyright laws and may be covered under one or more patents pending.
6.
Upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, racist, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the US export laws and regulations.
7.
Translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, reproduce, rent, lease, lend, distribute, remarket, or otherwise dispose of the Service or the Software. You agree to immediately notify us of any unauthorized use of your membership or any other breach of security known or suspected by you.
8.
Post or transmit any bulk e-mails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Service) or engage in spamming or flooding.
9.
Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component.
10.
Use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of eZula Service and /or Software.
6. eZula's Rights and Duties: You understand and acknowledge that eZula has no obligation to monitor any portion of the Service and/or Software. You acknowledge and agree, however, that eZula does retain the right to monitor the Service/Software and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request.
7. Links from and to the Service: The Software and Service contain features that may link you to third parties' web sites, directories, servers or services ("Linked Services"). eZula is not responsible for the content of any such Linked Services. The offering of these features does not imply endorsement of the Linked Services by eZula. It is your sole responsibility to comply with the appropriate terms of service of the Linked Services. In no event shall eZula be liable to anyone for any damage arising from or occasioned by the creation or use of the Linked Services or the information or material accessed through these Linked Services.
8. Intellectual Property Rights: As between eZula and you, eZula is the sole owner of the Software and Service, including without limitation, all applicable US and non-US copyrights, patents, trademarks, and trade secrets, and other intellectual property rights appurtenant thereto Except as otherwise specifically provided in these Terms and Conditions, You may, however, print a copy of individual screens appearing as part of the Service solely for your personal non-commercial use or records All title and intellectual property rights in and to the content of any third party web site, which may be linked to or viewed in connection with the Service, is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties This Agreement grants you no rights to use such content except as allowed by such third party.
9. Unsolicited Materials: eZula does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Service, the website located at http://www.ezula.com ("eZula Web Site") or in any other way. Any information or material submitted or sent to eZula will be deemed not to be confidential.
10. Limitation of Liability: IN NO EVENT WILL EZULA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, DISTRIBUTORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE, SERVICE, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE, EVEN IF EZULA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE IN NO EVENT WILL EZULA'S LIABILITY WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEED FIVE HUNDRED ($500) US DOLLARS
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, eZula's liability shall be limited to the extent permitted by law.
11. Indemnification: By agreeing to use the Service, you agree to defend, indemnify and hold eZula, its affiliates, officers, directors, distributors, and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from the use of the Service, the placement or transmission of any message, information, software or other materials through the Service or the violation of any these Terms and Conditions by you or any User authorized by you.
12. Cancellation and Termination: eZula may, at its sole discretion, terminate the Service or your use of the Service, permanently or temporarily, at any time and without cause. You may at any time cancel your use of the Service by sending an e-mail message to support@eZula.com requesting that we cancel your membership in the Service or by simply uninstalling it though the add/remove program. These Terms and Conditions will continue to apply to all past use of the Service or the Software by you, even if you are no longer using it. Users who violate the terms of these Terms and Conditions may be permanently or temporarily banned from using the Service, at eZula's sole discretion.
13. Privacy: Your privacy is important to eZula. Any information in connection with your use of Service, will be governed by the provision of the eZula Privacy Policy.
14.Third Party Software: During the process of downloading and or using the Software and Service, 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"). In the event you do not wish to download this THIRD PARTY SOFTWARE you should uncheck the appropriate boxes. Please note that the THIRD PARTY SOFTWARE is subject to different license agreements or other arrangements, which you should read carefully, compared to the Terms of Service of eZula. 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. eZula does not sell, resell, or license any of this THIRD PARTY SOFTWARE, and eZula 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 BY EZULA "AS IS" AND "WITH ALL FAULTS". EZULA 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 EZULA BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF EZULA 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 eZula 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 eZula will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the THIRD PARTY SOFTWARE.
14. Miscellaneous: If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
eZula may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement
eZula may change the Terms and Conditions from time to time and at any time, with or without a release of a new version of the Software, without notice to you, by posting such changes on the eZula Web Site. You agree that your continued use of the Software and/or the Service after such notice has been posted on the eZula Web Site for the first time shall constitute your consent to the new or revised set of Terms and Conditions.
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern this Terms and Conditions Agreement Please note that your use of the Software as well as the Service may be subject to other local, state, national, and international laws.
To the extent permitted by law, you agree not to bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, services, directors, officers and employees. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs we incur in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring or participate in class action suits is an independent agreement and shall survive other relationships.
Your online privacy is very important to us. You are welcome to read the steps that we have taken to guarantee it.
What personally identifiable information does eZula collect from me?
None. You donÆt need to provide eZula with any type of personal information to use the application, and eZula does not collect any personally identifiable information about you.
What other information is collected when using the eZula application?
Again, we donÆt collect any personal identifiable information. However, in order to provide the service, the eZula application collects information about its activity, such as the keywords that the application was activated on. When you react to the highlights then eZula will also collect a standard web log that may include more information about the action such as IP address, time etc. eZula does not use your IP address to attempt to identify your personal information. eZula may, on occasion, use your IP address to help diagnose problems with our server and to administer our website.
How does eZula use my information?
eZula's primary goal in collecting information is to provide you, the user, with a better experience. eZula does research on the aggregated data that it collects, and this research is compiled and analyzed on an aggregated basis only. eZula may share NON personally identifiable aggregated data with its advertisers, business partners, investors or otherwise as required by law.
Who is collecting information?
Please be aware that although eZula does NOT collect personal identifiable information, there are third-party sites or applications, which may collect personally identifiable information about you at that same time, with no connection to eZula. Although eZulaÆs application may contain links to these sites, the information practices of the third-party sites or application are not covered by this privacy statement. If you have any questions regarding the privacy policies of these third-party sites, please contact the third-party directly.
What security precautions are in place to protect the loss, misuse, or alteration of my information?
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, eZula cannot ensure or warrant the security of any information you transmit to us or from our online application, and you do so at your own risk. Once we receive your transmission, we make our best commercial effort to ensure its security on our systems.
What are cookies and how does eZula use them?
A ôcookieö is a small amount of data sent to your browser from a web server and stored on your computerÆs hard drive. The use of cookies is an industry standard and eZula uses cookies to automate some of its services. You also have choices with respect to cookies. You may modify your browser preferences to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, you may be unable to use certain services of eZula.
We may have to make changes to our Privacy Policy and End User License Agreement from time to time. If so, we will notice you about it either by displaying an online pop-up communication or publishing it on our web site.
