[Last Updated: June 28, 2017]
These terms of service (“Terms of Service”) are a legally binding agreement between Big Star Labs, LP (“Company” or “we”) and you (“user” or “you”) governing the use, access or download of our browser extension known as “CrxMouse Chrome Gestures” (the “Extension”). Please read these Terms of Service carefully before installing the Extension, or using any of our related websites or Services (the “Services”).
We reserve the right to periodically amend or revise these Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Updated” heading. Your continued use of the Extension or Services constitutes your acknowledgement and consent of such amendments to these Terms and your agreement to be bound by the terms of such amendments. In the event of a material change to these Terms, we will use reasonable efforts to provide you with notifications through the Extension or by email, if applicable.
You represent and warrant that you are at least 13 years of age and of legal competence to enter into these Terms. In the event that we become aware that a user under the age of 13 has shared any information, we will discard such information. If you have any reason to believe that a child under the age of 13 has shared any information with us, please contact us at: firstname.lastname@example.org. If you are under 18, please be sure to read the Terms with your parents or legal guardians.
Subject to your acceptance of and full compliance with these Terms, we hereby grant you a limited, personal, non-transferable, non-sublicensable, non-exclusive license to install the Extension and use the Services on any applicable device owned by you, limited to one install per device (“License”). The License is provided solely for personal, non-commercial use. The License, Extension and Service may not be used for any other purpose unless approved in writing by the Company.
The Extension and Service are protected by international copyright laws or any other intellectual property laws applicable to the Company, its licensors, vendors, partners or affiliates or other applicable third parties. The Extension and Services may contain software, design, text, images, information, logos, photographs, illustrations, audio and video material, sounds, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation the ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually or collectively, “Protected Content”). Except as provided herein under the License rights, and without derogating from the generality of these Terms, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any of the Protected Content, including, but not limited to any derivative work based on the Protected Content.
All trademarks, service marks, product names, and trade names of the Company appearing on or through the Service or the Extension are exclusively owned by the Company or its third party partners. All other trademarks, service marks, product names, copyrights and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Extension or Service without the owner’s prior written consent. The Company is the exclusive owner or licensee of the Service and the Extension and any software component or technology incorporated therein. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
You shall not: (i) permit any third party to use the Service; (ii) circumvent, disable or otherwise interfere with security-related features of the Extension or Service; (iii) modify, create derivative work, reverse engineer or disassemble the License, Extension or Service; (iv) remove, deface, obscure, or alter the Extension or Service, or any third party’s copyright, trademarks or other proprietary rights; (v) use the Extension or Service for benchmarking purposes or to develop any software, application, product or service that is the same as, substantially similar to, or competitive with the Extension or Service; (vi) use the Extension or Service to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activities, including without limitation, illegal cyber use, uploading or downloading copyrighted materials or circumventing geo-blocked services, deceptive impersonation, pyramid schemes, surveys, chain letters, junk email, spamming or any unsolicited messages; (vii) use any robot, spider, other automated device or manual process for the purpose of monitoring or scraping information from the Extension or Service; or (viii) otherwise use the Extension or Service in any unlawful manner or in breach of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE EXTENSION OR SERVICE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE AND UNINSTALL THE EXTENSION. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES SHALL NOT EXCEED THE FEE PAID BY YOU FOR USE OF THE SERVICE OR THE EXTENSION, IF APPLICABLE.
You agree to defend, indemnify and hold harmless the Company and its affiliates, and their respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from (i) your install and use of the Extension and Service in the event the use is not in compliance with these Terms; (ii) any abuse or infringement of third party rights through your use of the Service; and (iii) your breach of these Terms or any applicable law and regulation.
Company reserve the right to add additional features to the Extension and Service or to provide updates, upgrades or programming fixes; we shall have no obligation to provide support or maintenance for the Services under these Terms nor shall we have any obligation to make available to you any subsequent versions of the Services. In order to enhance and further develop the Extension or Services we may automatically download and install updates and upgrades from time to time. You hereby agree to receive such updates and upgrades as part of your use of the Services. In the event we believe that such updates or upgrades shall materially affect your use of the Services, we will use reasonable efforts to notify you. These updates shall be controlled by your device settings.
You can terminate these Terms and the use of the Extension and Service at any time. If you wish to terminate your use of the Extension or Service, you may do so by uninstalling the Extension from your device. We may suspend or terminate your access to all or any part of the Extension or Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Extension and Services. The Company will not be liable for the suspension, removal, and restriction or disabling of your access to the Extension or Service or to any feature available therein.
For any dispute you have with us, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. If we are not able to resolve the dispute with you informally, we each agree, unless otherwise required by a mandatory law, to resolve any claim, dispute or controversy arising out of or in connection with or relating to these Terms, exclusively by binding arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If you choose to opt out of arbitration, you must send us a clear statement that you want to opt out of this arbitration agreement, including your name and residence address. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms, you agree to resolve any dispute you have with us exclusively in a state or federal court located in New York, New York, and to submit to the personal jurisdiction of the courts located in New York, New York for the purpose of litigating all such disputes. Any cause of action you might have relating to the Service is limited in time to one (1) year from the date the incident arose, and will be permanently barred thereafter.
These Terms constitutes the entire understanding between the parties with respect to the use of the Extension or Service. If any provision of these Terms is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and such modification shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms of Service and any right granted herein may not be assigned by you without the prior written consent of the Company.
Email: If you have any questions or concerns regarding these Terms, please contact us at: firstname.lastname@example.org.