END-USER LICENSE AGREEMENT
1. Browser Extension Installation
If you download the bdata-service.com Browser Extension (‘bdata-service.com Add-on’, ‘Add-on’, ‘bdata-service.com Affiliates Extensions’ or ‘Extension’), you will be:
- installing a software program on your computer, in the form of an extension installed in your Internet browser, with features including a search box, search assistant, and comparison shopping assistant that we explain in more detail below;
entering into this contract (the ‘End User License Agreement’ or ‘EULA’) with bdata-service.com, Ltd. 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 bdata-service.com Affiliates Extensions.
- If you are not yet 13, do not download the bdata-service.com Affiliates Extensions.
- 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 Extensions 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 bdata-service.com Affiliates Extensions or associated features.
This End User License Agreement is a legal contract between you and bdata-service.com, Ltd. If you do not understand or agree with any part of the rules outlined in these End User License Agreement, please do not use the bdata-service.com Affiliates Extensions. Do not use the bdata-service.com Affiliates Extensions unless you agree to abide by the End User License Agreement. By using the bdata-service.com Affiliates Extensions, 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.
2. bdata-service.com, Ltd. Features on the bdata-service.com Affiliates Extensions
By downloading the bdata-service.com Affiliates Extensions, you will be installing an extensions in your Internet browser with one or more of the following features provided by bdata-service.com, Ltd.:
- COMPARISON SHOPPING ALERTS: These are notifications visible in your web browser to help you discover the best prices on thousands of products for which you may be shopping.
- DEAL FINDER: These are notifications visible in your web browser indicating coupons and discounts available at specific retailers.
- CASH BACK OFFERS: These are notifications visible in your web browser indicating rebates available at specific retailers.
- SEARCH BOX: This is a search box located within the Extensions that will help you search the Internet with search results from our search results partners.
- 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.
- bdata-service.com HOMEPAGE: As part of the download process for the bdata-service.com Affiliates Extensions, you may be given the option to reset your homepage to a bdata-service.com homepage product located at www.bdata-service.com (Note: If you do not wish to reset your homepage to the bdata-service.com Homepage, you can opt-out of this feature by checking the appropriate box during the download process for the bdata-service.com Affiliates Extensions.) This site offers certain “widgets” that can be added to customize your homepage. Users who have the bdata-service.com Affiliates Extensions may also be able to add widgets directly to their Extension.
In addition, an 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.
You may also have access to websites and applications related to the features described above. THE EXTENSION AND ALL FEATURES LISTED ABOVE ARE FREE.
3. Third Party Features on the bdata-service.com Affiliates Extensions
By downloading the bdata-service.com Affiliates Extensions, you will be installing an extension in your internet browser with one or more of the following features provided by third party vendors:
AFFILIATE LINKS/ FEEDS: Certain versions of the extension may include links to, or feeds from our third party partners. The partner sites linked to by these extensions and/or the partner content made available are governed by their own terms of service and privacy policies, which may be found on the relevant partner’s website. These feeds may include affiliate links, banner advertisements, in-text advertisements, in-image advertisements, and video advertisements, among other forms of advertising content.
NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED for use of the extension or associated websites or services, except as listed below:
UNIFIED REGISTRATION: As a service to our users, we may consolidate registration data for all related and specified websites, services or applications accessible via the Extension, so that users are only required to provide registration information once, and would then be able to use the same unique ID and password to access all such websites, services or applications.
Passwords. In order to access certain services, you may be required to accept additional terms and conditions and/or establish an account including a unique ID and password. You are the sole and exclusive owner of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID. Information you provide upon registration. You represent and warrant that you are either the owner or an authorized user of the computer where the Extension is installed. If you provide any information in connection with the use of any other services Licensor offers, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Extension or associated websites, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services.
5. Un-installation/Removal of the bdata-service.com Affiliates Extensions
The bdata-service.com Browser Extension and Software can be easily uninstalled at any time. If you want to uninstall this Extension, there are several ways to do so: (i) From your Chrome Browser open the ‘Window’ menu and select ‘Extensions’; (ii) Find the bdata-service.com Affiliates Extensions from the complete list of extensions and click on the Uninstall link (This will guide you through the complete procedures to completely uninstall the Extension and Software; (iii) You must reboot your computer to completely remove the Extension.
6. Privacy and Use of Data
Browser Activity. The bdata-service.com Browser Extension alerts users when deals, coupons and instant savings are available at a wide variety of Affiliate Stores. When the Extension recognizes available deals it alerts you through your browser. While the Software uses information from your browsing activity to discover and present specific shopping alerts, it does not collect and retain personally identifiable information (unless it is necessary to complete a specific offer, discount or rebate, or display a targeted advertisement). The bdata-service.com Software is designed to help you benefit from saving and discounts while you shop and relies on recognizing the websites you visit to identify the availability of relevant deals, coupons and comparison shopping results.
Search Queries. The bdata-service.com Affiliates Extensions, 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 Extension 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/Communications with our Servers. The bdata-service.com Affiliates Extensions 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 Extension, as outlined above. In addition, periodically when using the Extension, small communications may be sent to our servers indicating certain user preferences, as outlined above. All such information is anonymous, non-personally identifiable, and is used only for purposes of delivering search and Extension services and content in accordance with your preferences.
If the bdata-service.com Affiliates Extensions is ever sold or all or substantially all of the assets relating to the Extension 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 bdata-service.com Affiliates Extensions from your computer.
7. Legal Terms and Conditions
Subject to the terms and conditions of this End User License Agreement (this “Agreement), bdata-service.com, Ltd. and its parent, affiliate 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 Extension (including all updates thereto), and (b) use the Extension you download and install solely for your personal, non-commercial purposes. “Extension” means the instant bdata-service.com Affiliates Extensions and all features available through the Extension. “Websites” means all the websites associated with the features of the Extension.
7.1. License Conditions
bdata-service.com, Ltd. owns the Extension. The Extension, 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 Extension 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 Extension at any time, and we may at any time suspend or terminate any license hereunder and disable the Extension or any of its component features.
You cannot buy, sell, or tamper with the Extension. 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 Extension or use the Extension for the benefit of any third party. You may not install the Extension 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 Extension or the Websites, except to remove our Extension 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 Extension, or attempt to do so for any reason. You may not access, create or modify the source code of the Extension in any way. You do not have the right to and may not create derivative works of the Extension. All modifications or enhancements to the Extension remain the sole property of Licensor.
Extension Updates. We reserve the right to add additional features or functions to the existing Extension. When installed on your computer, the Extension periodically communicates with our servers. We may require the updating of the Extension on your computer when we release a new version of the Extension, 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 Extension. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Extension.
You may use our Extension 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 Extension and Websites. You agree not to use the Extension, 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.
7.2. Content and Infringement
Links and Search Results. The Extension and Websites 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.
Access to Content through the Extension and Websites. You understand that all content, including, without limitation all data, links, articles, graphic or video messages, all information, text, software, music, sound, graphics, and advertisements and sponsored content, or other materials (“Content”) made available or accessible through the Extension and Websites, 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 Extension or the Websites 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 Extension or links to such Content from the Websites.
The Extension and Websites are exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you acknowledge and accept that the Extension, Websites, and any information you download or offer to share by means of the Extension or Websites, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure.
Copyright Protection of Content you display using our services. You are solely responsible for the Content you display on or through the use of the Websites. It is your obligation to ensure that the display of any Content including photos, text, video and music files, is not violating any copyright. You must either own or have a license to use any copyrighted Content that you display on the Websites. 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 Extension, Websites 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.
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.
If we become aware that, while using any Website, you have uploaded, posted or shared Objectionable Content, we may disable your account. Ownership of Content you Submit. Unless otherwise set forth in the terms of service for any of the Websites, you retain ownership of all rights in the content that you display on or through the use of the Websites. 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 bdata-service.com, Ltd. None of the Submissions shall be subject to any obligation of confidence on the part of bdata-service.com, Ltd., and bdata-service.com, Ltd. shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, bdata-service.com, Ltd. 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.
7.3. Ads in Extension
Ads are considered part of Extension for purposes of content review and are in compliance with the terms of Google Chrome Developer Program Policies located at: https://developer.chrome.com/webstore/program_policies#ads. We strongly encourage you to take care to use advertising that does not violate Chrome Web Store Developer Terms.
7.4. Disclaimer of Warranty
YOUR ACCESS AND USE OF THE SOFTWARE, WEBSITES AND SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SOFTWARE, THE WEBSITES 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. bdata-service.com, LTD. 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. bdata-service.com EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTIES. 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 Extension 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 Extension 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 Extension or ceasing to operate the Websites.
7.6. 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) INABILITY TO USE, THE SOFTWARE, SITES 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, THE SITES 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 bdata-service.com, LTD., ITS PARENT, 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 bdata-service.com, LTD. OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
7.8. Export Controls
The Extension 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 Extension, 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.
7.9. Notice to Government End Users
Any Extension, 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 Extension” and “Commercial Computer Extension 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 Extension clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Extension – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
These End User License Agreement, and the relationship between you and us are governed by the laws of the State of California 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 Los Angeles County, California.
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 Extension, software, the Websites, related services, or this Agreement, including any terms of service/use or privacy policies applicable to any of the Websites, 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.