GUFFINS™ TOOLBAR END USER LICENSE AGREEMENT
1. Toolbar Installation
If you download the Guffins toolbar, you will be:
installing a software program on your computer, in the form of a toolbar installed in your Internet browser, with features including a search box and search assistant, that we explain in more detail below;
entering into this contract with Mindspark Interactive Network, Inc. (the "END USER LICENSE AGREEMENT” or "EULA”), governing your use of the software program and associated websites.
You must be 13 years of age or older to install or to use the Guffins toolbar. If you are not yet 13, do not download the Guffins toolbar.
If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this END USER LICENSE AGREEMENT with you, discuss any questions you might have, and install the toolbar for you.
If you are a parent, or a guardian, you are responsible for exercising supervision over your children's on-line activities. If you do not agree to the END USER LICENSE AGREEMENT, do not let your child use the Guffins toolbar or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the Toolbar, please contact us at email@example.com.
This End User License Agreement is a legal contract between you and Mindspark Interactive Network, Inc. If you do not understand or agree with any part of the rules outlined in this END USER LICENSE AGREEMENT, please do not use the Guffins toolbar. If you have any questions or concerns regarding what is written here, please let us know by emailing us to firstname.lastname@example.org. Do not use the Guffins toolbar until these questions and concerns have been answered to your satisfaction and you agree to abide by the END USER LICENSE AGREEMENT. By using the Guffins toolbar, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it.
THIS PRODUCT IS NOT SPYWARE OR ADWARE. IT WILL NOT WATCH HOW YOU USE YOUR COMPUTER. IT WILL NOT DELIVER POP-UP ADS.
2. Features of the Guffins Toolbar
By downloading the Guffins toolbar, you will be installing a toolbar in your Internet browser (and any supported email functions and instant messenger functions) with the following features:
VIEW: This button allows you to view your Guffins pet and check on your pet's attributes including its energy, health, happiness and cleanliness levels.
PLAY: This button prompts you to play with your Guffins pet. Playing with your pet will increase its happiness level.
FEED: This button prompts you to feed your pet. Feeding your pet will increase its energy, health and happiness levels.
WASH: This button prompts you to wash your pet. Washing your pet will increase its cleanliness level.
SLEEP: This button prompts your pet to sleep. Sleeping will increase your pet's health and energy levels.
SEND A PET: This button allows you to select and send a pet to a friend, via their Facebook wall or by e-mail.
CHANGE LOOK: This button allows you to make style changes to your adopted pet, including the pet's color, background and name.
SEARCH BOX: This is a search box located within the toolbar that will help you search the Internet with search results from our search results partner.
SEARCH ASSISTANT: This provides relevant links and results when you make a search request in your browser address bar or if your browser address (DNS) request is invalid, misspelled or incorrectly formatted.
In addition, an Easy Installer will be downloaded to install this software. It does not install any other software and is automatically deleted the first time you turn off or reboot your computer after installation of the above-described products.
THE TOOLBAR AND ALL FEATURES LISTED ABOVE ARE FREE.
NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED for use of the Toolbar or services.
4. Un-installation/Removal of the Guffins Toolbar
The Guffins Toolbar can be easily uninstalled. If you want to uninstall this product, there are several ways to do so:
From the "Add or Remove Programs" dialog box in the Windows control panel, where it is listed as "MyWebSearch": You can click on the "Start" button; then click on the "Settings" button, then click on the "Control Panel" button, then click on the "Add or Remove Programs" button, then look for MyWebSearch, and click on the "Change/Remove" button.
You can also click on the drop down arrow button next to your MyWebSearch icon in the toolbar that the Toolbar installs, and select "Enable/Disable Features", then select "Uninstall MyWebSearch" and confirm your wish to uninstall the Toolbar.
Each of the product features can be separately hidden or deactivated by accessing the "Add/Remove Buttons" menu, accessible through the drop down arrow next to your MyWebSearch icon in the toolbar that the Toolbar installs in your Internet browser.
5. Privacy and Use of Data
No Spyware, No Adware. The Guffins toolbar does not collect any personal information about you (such as your name, email address, etc.). Further, it does not: (a) collect or report back to us (or anyone else) any information about sites you visit on the Internet; (b) collect or "screen-scrape" any search queries or information that you provide to any other web-sites; (c) serve pop-ups when you are on other websites; or (d) collect or report back to us (or anyone else) any data regarding your computer keystrokes or other data unrelated to the services the Toolbar provides.
Search Queries. The Guffins toolbar, in the course of processing a given search query, sends a request to our servers. This request includes the keyword query, time of day, browser type, default language setting, IP address, an anonymous unique ID, and a code which identifies the marketing or distribution source of the toolbar used by you to conduct your search. If the search query is being generated as the result of a misspelled URL or search term entered in to the browser address bar, we also receive the misspelled URL address or search term. We use this information in order to properly process your search request. For example, this data provides us with: information on which language you prefer to use; aggregated click information for the purpose of ensuring that our search partners are appropriately compensating us; information that allows us to make accurate payments to our distributors; aggregated usage and retention information; and aggregated search query information for the purpose of further monetizing commercially oriented search keywords. All information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous. The information collected is stored in a query log for up to six months. In addition, all information about search activity is evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process).
Configuration Requests. The Guffins toolbar also sends a configuration request when you start your browser. This request is approximately 5k in size and includes only anonymous data such as IP address, browser type, and information about the specific release date and distribution source of your Toolbar, as outlined above. Such information is anonymous, non-personally identifiable, and is used only for purposes of delivering search services and content in accordance with your preferences.
We do not sell, rent or trade any personally identifiable information you provide when using the Guffins Toolbar or associated websites. If the Guffins Toolbar is ever sold or all or substantially all of the assets relating to the Toolbar and/or associated websites are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this agreement. If you wish to withdraw your consent to the communication and data usage as described herein, you should uninstall the Guffins Toolbar from your computer.
6. Legal Terms and Conditions
Subject to the terms and conditions of this END USER LICENSE AGREEMENT (this "Agreement), Mindspark Interactive Network, Inc. and its parent and subsidiary companies (collectively, "Licensor", "we", "us" or "our") grant you a non-exclusive, revocable, limited license, to (a) download and install the most current generally available version of the Toolbar (including all updates thereto), and (b) use the Toolbar you download and install solely for your personal, non-commercial purposes. "Toolbar" means the Guffins toolbar and all features available through the toolbar. "Websites" means all the websites associated with the features of the Toolbar.
6.1. License Conditions
Mindspark Interactive Network, Inc. owns the Toolbar. The Toolbar, including all code, content, protocols, software, and documentation provided to you by Licensor are Licensor's property or the property of Licensor's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Toolbar or the Websites. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use the Toolbar at any time, and we may at any time suspend or terminate any license hereunder and disable the Toolbar or any of its component features.
You cannot buy, sell, or tamper with the Toolbar. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Toolbar or use the Toolbar for the benefit of any third party. You may not install the Toolbar on any computer without permission from the owner of that computer. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Toolbar or the Websites, except to remove our Toolbar from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the Toolbar, or attempt to do so for any reason. You may not access, create or modify the source code of the Toolbar in any way. You do not have the right to and may not create derivative works of the Toolbar. All modifications or enhancements to the Toolbar remain the sole property of Licensor.
Toolbar Updates. We reserve the right to add additional features or functions to the existing Toolbar. When installed on your computer, the Toolbar periodically communicates with our servers. We may require the updating of the Toolbar on your computer when we release a new version of the Toolbar, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current END USER LICENSE AGREEMENT before you will be permitted to use any subsequent versions of the Toolbar. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Toolbar.
You may use our Toolbar and Websites only for lawful purposes. The services we provide are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Licensor Toolbar and Websites. You agree not to use the Toolbar, Websites, or any other services provided by Licensor to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound
6.2. Content and Infringement
Links and Search Results. The Toolbar may provide access to search results or other links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Access to Content through the Toolbar and Websites. You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through the Toolbar and application, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You understand and agree that by using the Toolbar and application you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Licensor be liable in any way for any Content created by or originating with entities other than Licensor, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of the Toolbar.
The Toolbar is exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you acknowledge and accept that the Toolbar and any information you download or offer to share by means of the Toolbar, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom.
Copyright Protection of Content you display using our services. You are solely responsible for the Content you display on or thorough the use of the Websites. It is your obligation to ensure that the Content you display is not violating any copyright. You must either own or have a license to use any copyrighted Content that you display.
Licensor respects and expects its users to respect the rights of copyright holders. On notice, Licensor will act appropriately to remove Content that infringes the copyright rights of others. Licensor reserves the right to disable the access to the Toolbar, or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyright rights, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact Mindspark Interactive Network, Inc.'s Copyright Agent for Notice of claims of copyright infringement as follows:
Interactive Network, Inc.
One North Lexington, 9th Floor
White Plains, NY, 10601
ATTN: Copyright Agent/Legal Dept.
Objectionable Content. Licensor will also act appropriately to remove Objectionable Content. "Objectionable Content" includes, but is not limited to:
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
Content that may harm minors in any way;
Content that has the goal or effect of "stalking" or otherwise harassing another
Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
Content that is vulgar, offensive, obscene or pornographic,
Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Ownership of Content you Submit. Unless otherwise set forth in the terms of service for any of the services, you retain ownership of all rights in the content that you display on or through the use of the application. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of our services. If at our request you send content (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Mindspark Interactive Network. None of the Submissions shall be subject to any obligation of confidence on the part of Mindspark Interactive Network, and Mindspark Interactive Network shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Mindspark Interactive Network Inc. shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
6.3. Disclaimer of Warranty
YOUR ACCESS AND USE OF THE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SOFTWARE. WE PROVIDE THE SOFTWARE, AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. MINDSPARK INTERACTIVE NETWORK INC. MAKES NO GUARANTEES AS TO THE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY SEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Toolbar in your possession or control and ceasing to use or access the Websites. We may terminate this Agreement or your account (or any part thereof), disable the Toolbar or cease providing any service at any time in our sole discretion. You agree that we shall not be liable to you or any third-party for any termination or disabling of the Toolbar or services.
6.5. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NONE OF US, OUR SUBSIDIARIES, OUR AFFILIATES, OUR SUPPLIERS, OUR ADVERTISERS, OUR MERCHANT PARTNERS, NOR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE "COVERED PARTIES") ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, AND COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (A) THIS AGREEMENT OR THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR SERVICES, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR SERVICES, (D) RELIANCE ON CONTENT OR POSTINGS ON THE SITES OR SERVICES, OR (E) ANY OTHER MATTER RELATING TO THIS AGREEMENT, THE SOFTWARE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR DIRECT LIABILITY, OR THE DIRECT LIABILITY OF ANY OTHER COVERED PARTY TO YOU HEREUNDER EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MINDSPARK INTERACTIVE NETWORK, INC., ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MINDSPARK INTERACTIVE NETWORK INC. OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
6.7. Export Controls
The Toolbar and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Toolbar, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
6.8. Notice to Government End Users
Any Toolbar, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Toolbar" and "Commercial Computer Toolbar Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Toolbar clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Toolbar - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
This END USER LICENSE AGREEMENT, and the relationship between you and us are governed by the laws of the State of New York, without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York.
Severability. If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Us; No Waiver. You agree that any claim or cause of action arising out of your use of the Toolbar, software, related services, or this Agreement, including any terms of service/use or privacy policies applicable, must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Our failure to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions about this Agreement, the Toolbar or related services, feel free to contact us at: email@example.com .
Effective August 29, 2011
© 2011 Mindspark Interactive Network, Inc. All rights reserved.