End User License Agreement (EULA)
Last
Updated: April 27, 2017
Welcome
to ShopperTab, a browser’s new-tab shopping extension (the “Product”), and
website available to you at http://www.tigersdeal.com/index.html
(the “Site”). The Product, Site and any related services, features,
tools, content, technology and offers will be referred to as the “Services”,
and provided to you by First Offer Ltd. (the “Company”, “we” or “us”).
The
Services are designed to provide you with an easy, accessible and fun way to
easily shop online, and providing on top deals, coupons, promotions and
discounts that are relevant to your most shopping platforms.
1. Your
Consent. By accessing the Site,
downloading, installing the Product and/or otherwise using the Services or any
portion of them, you acknowledge that you read the terms and conditions of this
End User License Agreement (“EULA”), and the Privacy Policy (available
at: http://www.tigersdeal.com/privacypolicy.html, and incorporated by reference to this EULA), (together,
the “Agreement”)), and fully consented to them, and to be legally bound
in this Agreement with the Company. You further agree to comply with all
applicable laws and regulations regarding the use of the Services.
Please
be informed that we may edit,
change and/or update the Services or this Agreement at any time so we recommend
you to periodically re-visit this page. We will provide notice of substantial
changes of this Agreement via the homepage of the Site or otherwise via the
Services in a manner that will be visible and/or accessible for you. Such
substantial changes will take effect seven (7) days after such notice was
posted on the Site. All other changes to this Agreement will be effective as of
the stated “Last Updated” date under the title. Your continued use, access
and/or engagement with the Services or other methods of communication will
constitute acceptance of, and agreement to be bound by those changes.
2. Eligibility.
By using the Services,
you represents that you are not a minor in your country of residency or the
country from which you access to the Services. You also represent that you are
legally eligible and authorized to use the Services.
3. License.
Subject to your
compliance with the terms and conditions of the Agreement, we, and our
applicable licensors grant you a limited, fully revocable, non-exclusive,
non-transferable, non-assignable, non-sub-licensable license to personally
install the Product, access the Site, and respectively use the Services and
related content solely for the purposes agreed under this Agreement (the “License”).
The Services are Licensed for your use and are not sold to you. Any right that
was not explicitly provided to you under the License is reserved by us and/or
our licensors.
Except
as otherwise provided, you are strictly restricted from copy, publish, resell,
sell, transfer, transmit, duplicate, cache, decompile, reverse engineer or
otherwise gain unauthorized to the Services.
4. Restrictions
of use. You hereby represent
that you will use the Services in compliance with all applicable laws and
regulation, and solely for the purposes and uses granted under the License.
Except as expressly provided in Section 3 (License), User
may not, nor may he enable anyone else to, directly or indirectly: (i) use or
display the Services together with material that is pornographic, racist,
vulgar, obscene, defamatory, libelous, abusive, promoting hatred,
discriminating; (ii) commercially distribute, rent, lease, market, sublicense,
resell or otherwise transfer the Services or any portion thereof; (iii) copy or
modify decompile, disassemble, create any derivative works or reverse engineer
the Services or any portion thereof, including in cases it is made available
with any other software, product or program; (iv) remove any identification,
including copyright, trademark, patent or other notices, contained in or in
connection with the Services (or any part thereof); or (v) use the Company's
name, the Product’s brand name, logos or trademarks without its prior written
consent; or (vi) use any automated devices, such as spiders, robots or data
mining techniques, to catalog, download, store, reproduce, or distribute
content available via the Services, or to manipulate the Licensed Application
in any manner not consistent with its or their intended purpose(s); (vii)
Access to data not intended for the you, such as logging into a server or an
account which you have no authorization to access; (viii) Tampering or
interfering with the proper functioning of the Services or the Site or any
portion of which.
For avoidance of any doubt,
Company reserves all rights not expressly granted in this Agreement, and
disclaims any implied license, including implied licenses to copyrighted
materials, trademarks or patents. At any time, the Company, at its sole
discretion may terminate User’s ability to use the Services or any portion
thereof (including content or services provided therein).
5. Third
party licensors and/or links. The
Services embed and incorporate tools, features, links and other content
provided by 3rd parties, and include the following types (each, or collectively
“Third Party Services”):
5.1.
Content, Links and
Features
Some of the features are
available by 3rd parties as follows:
·
Merchants: Coupons, deals and discounts (“Offers”) are made
available to us by relevant shopping platform and we make it available to you.
You will be able to identify the providing merchants as the applicable Offers
will be labeled with their logo and/or brand name. Also, if you choose to use
any of the Offers you will be redirected to the relevant Merchant’s sites,
where you will be able to get all the information with respect to that Merchant
or the specific Offer. Any such click on an Offer, use of it or engagement with
Merchant is governed by that Merchant’s terms and conditions and not by this
Agreement. Such engagement is made at your sole discretion and risk only and
Company has no liability what so ever to any engagement you make with a
Merchant. The Company and Merchants have an affiliation relationships so in
some cases, if you purchase anything from a Merchant by using an Offer, we
might get a small commission.
·
Links: the Services include shortcuts to your most used and/or
recent websites/services. Please be noted that each click or use of such links
and/or shortcuts does not necessarily indicate an affiliation with such target
sites or endorsement of them by us (or vise-versa).
·
Other
Features: Some of the features
includes a default New Tab branded with the Product, in which you will have all
the features available at one place. Such new tab includes search service
licensed by our 3rd party search licensor. For any information about
such licensor, please contact us at: privacy@firstofferz.com.
5.2.
Services. The Site and Product also include few other 3rd party
services that measure analytics and enable the serving of the Services. Such
3rd parties include Google Analytics.
Any and all rights in and to the Third-Party Services,
including all copyright, patent trademark, trade secret and other intellectual
property rights protected by applicable laws are reserved and remain with such
third parties and you hereby agree that such third parties may enforce their
rights against you directly.
All Third-Party Services
and related content are provided by the applicable third party through the
Services, are subject to such third party’s terms of use, privacy policies or
other conditions concerning such Third Party Services. The Company advises User
to thoroughly review such terms, conditions and policies before making any use
of any Third-Party Services. An Offer, Merchant or any other name or link of 3rd
party does not mean recommendation by the Company or endorsement of (or by)
such 3rd party.
The User is advised that
the Services are subjected to certain technical synchronization intervals, and
that during certain periods of time products and/or Services displayed through
the Services may not be available through the Third-Party Services.
6. Proprietary
rights. You hereby acknowledge
that the Services include content which is subject to copyright protection,
trade secrets, patents (registered or pending), designs, information, methods,
specifications, graphics, text, logos and other proprietary material
(collectively, "Intellectual Property"). You shall not, shall not
attempt to, and shall not allow any third party, to use, copy, distribute,
display, execute publicly, make available to the public, reduce to human
readable form, adapt, sublicense, make any commercial use, sell, rent, lend,
process, combine with other software, translate, modify, reverse engineer,
disassemble or decompile any such content, nor may you create any derivative
works or other works that are based upon or derived from the aforementioned
content in whole or in part.
7. Disclaimer
of warranty. You hereby expressly
acknowledge and agree that any use of the Services (or any part thereof) and
any related material, services, products or content are provided to you on an
“As Is” and “As available” basis, with no warranty what so ever, and any use
you make is under your own choice, risk and responsibility, (including, without
limitation, any loss of data or other damage). We, nor our licensors, do not
warrant or guarantee that the Services will meet your requirements or that you
will find them satisfactory, quality, accurate, timely, secure, uninterrupted
or error free. The Company specifically does not warrant or guarantee the
accuracy of, and disclaim all liability for any errors or other inaccuracies
relating to the content displayed via the Offers or Third Party Services (including,
without limitation, the pricing, the appearance, the products and/or services
description and attributes etc.). To the maximum extent permitted by applicable
law, the Services and any services, product or content provided therein are
provided without warranty of any kind, including any express, implied or
statutory, including, but not limited to, the implied warranties and/or
conditions of merchantability, of satisfactory quality, of fitness for a
particular purpose.
No oral or written information
or advice given by the company or its authorized representative will create a
warranty. If the Services, products or content provided therein are defective, your
sole and entire remedy is to discontinue accessing and using the Services and Any
content provided therein.
8. Limitation
of liability. Neither the Company, nor
its licensors, affiliates, subsidiaries are under any obligation to correct any
errors in the Services or any part thereof. Company has no responsibility or
obligation to operate or maintain the Services except to what is required for
compatibility and compliance with applicable laws, regulations and platforms
policies.
In no event will the Company, its officers, directors,
employees, agents or distributors or licensors be liable for any consequential,
incidental, indirect, special or punitive damages whatsoever (including,
without limitation, damages for loss of profits, loss of use, business
interruption, loss of information or data, or pecuniary loss), in connection
with or arising out of or related to this Agreement, the Services (including
the content provided therein therewith or in connection thereto) or the use or
inability to use the Services or such content, or the furnishing, performance
or use of any other matters hereunder whether based upon contract, tort or any
other theory including negligence. To the full extent permitted by applicable
laws, in no case will Company’s and/or its licensors’ liability for any damage
exceed the greater of five U.S dollars (us$50.00) or the amount of the fees you
paid for Services or any portion of them.
Without derogating from the above, no action arising
under or relating to this Agreement, regardless of its form, may be brought
against the Company or any third party providing content or services through
the Services or in connection thereto more than six (6) month after the cause
of action has accrued and in any event no later than three (3) months after the
termination of this Agreement.
Company may, but under
no obligation to, monitor the content or services that may be made available to
you via the Services. Company is not responsible for any such content or
services and makes no representation or warranty of any kind, either expressed
or implied, regarding any such third parties' content including such content's non-infringement
of third parties' rights, accuracy, usefulness, safety of use or full
compliance with applicable law.
9. Indemnification.
You hereby agree to defend,
indemnify and hold harmless the Company, its officers, directors, shareholders,
employees, sub-contractors, agents, licensors and distributors from and against
any claims, losses, debts, obligations, liabilities, costs or expenses
(including but not limited to reasonable attorney's fees) arising from or
incurred as a result of, related to or are based on (i) Your use of the Services
or the content or services provided by third party therein, therewith or in
connection thereto; or (ii) violation of this Agreement; or (iii) any damage of
any sort, whether direct, indirect, special or consequential, you may cause to
any third party which relates to your use of the Services (including your
violation of any third party rights).
10. Term
and termination. The Agreement shall be
effective as of the day you installed the Product and/or used the website. We
reserve the right to suspend or completely terminate the services for any
reason or for no reason at all, to you specifically (for a breach) or for all
users. Any failure to comply with this Agreement or the termination of this
Agreement (whichever occurs first) will result in the automatic and immediate
termination of the Licenses granted herein.
11.
General
11.1.
Waiver: The use of the Services is made solely at the User’s
risk and the User hereby waives any and all claims and causes of action against
the Company in connection with any loss or damage User may suffer as a result
of, or in connection with any of the Software or the Services or content
provided therein, therewith or in connection thereto. THE USER SPECIFICALLY
WAIVES ANY RIGHT TO RESOLVE ANY DISPUTE ON A CLASS ACTION BASIS OR ON BASES
INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF
THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED.
11.2.
Jurisdiction
and Governing Law: This Agreement
shall be governed by the laws of the State of New York. The competent courts
located in Manhattan, New York shall have exclusive jurisdiction to adjudicate
any dispute arising out of this Agreement and you hereby consent and submit to
the personal and exclusive jurisdiction and venue of, and waive any
jurisdictional, venue, or inconvenient forum objections to, such courts.
11.3.
Severability: If any provision shall be considered unlawful,
void or otherwise unenforceable, then that provision shall be deemed severable
from this Agreement and not affect the validity and enforceability of any other
provisions.
11.4.
Entire
Agreement: This Agreement,
together with the Privacy Policy represent the single and entire Agreement
applying to the all Users of the Services, and supersedes any prior
representations and negotiations, if any; all other terms which are not
expressly incorporated herein or are not included in the Terms are hereby
revoked.
12. Contact
information. For any clarification or
question, with respect to the Terms you are invited to contact the Company by
e-mail at contact@tigersdeal.com
or at our website http://www.tigersdeal.com/contact.html.