Last Modified: August, 2021
These Terms and conditions ("Terms") are a legal binding contract between you, the user that utilizing My Tech Media's Installer and Technology (referenced below as "You" or the "User"), and My Tech Media Ltd, (referenced below as “My Tech Media”, "us" or “we”). My Tech Media is the legal owner of the Product and Technology, developed or otherwise licensed to us. These Terms constitute the terms and conditions by which the User is allowed to use My Tech Media's Product and Technology, including associated features.
OUR PRODUCT & TECHNOLOGY SERVICES
The purpose of our installation software (“Product”) is to perform and optimize the installation of certain software offered therein, which may include desktop apps, add-on browser extensions and any other technology features (“Technology”). YOU HEREBY AGREE AND ACKNOWLEDGE THAT THE TECHNOLOGY MAY CHANGE YOUR BROWSERS' SEARCH SETTINGS AND OTHER RELATED FEATURES THAT THE TECHNOLOGY MAY PROVIDE, WHEN INSTALLED ON YOUR DEVICE. In addition, the Technology may include a direct web search and other advanced features. Moreover, please note that our Technology shall include relevant advertisements based on your searches.
If you wish to install the Technology, you will be requested to provide your permission and consent by clicking the applicable button. By using our Product you give us your consent to install the Technology and any additional software needed to perform such Technology, as we may determine. The Technology requires Internet access and registry changes.
You may, at your sole discretion, skip, decline or accept any part of the Technology at any time.
You may cancel or stop the operation of the Product by clicking the applicable button following initiating the process. However, we may disable you to do so through a certain process. Please note that stopping the Product operation in different stages of the process and not through the applicable button may cause damage to your device. In no event shall we be liable or responsible for such damages. Moreover, in the event that you cancel or interrupt the installation, before the installation completes, you can cause data or software to remain on your device. You can manually remove such residual data or software, including by using a desktop application to resume installation from interruption.
My Tech Media hereby grants you a limited, non-exclusive, non-transferable, non-sub-licensable and fully revocable license, to use the Product and install the Technology ("License"). You hereby acknowledge that this License is subject to your compliance with the Terms and solely for your non-commercial, personal use and purposes. My Tech Media does not grant you any other rights related to the Product and Technology. My Tech Media reserves all rights not expressly granted to you under these Terms.
Any property right including any and all intellectual property rights, interest and title in and to the Product and the Technology, including, logos, trade names, trademarks, and any type of modifications, know-how, derivative works, ideas, inventions, methods, rights in software and code, (such as source and object code), are and shall remain the exclusive property of My Media Tech or our licensors.
THIRD PARTIES' CONTENT
My Tech Media is not responsible or liable in any manner for any Third Parties’ Content. The inclusion of Third Parties' Content in the Technology will not be deemed an endorsement on behalf of My Tech Media.
WARRANTIES AND REPRESENTATIONS
You hereby warrant, represent and undertake that you will not breach these Terms and any laws, regulations (included administrative guidelines) or other terms and conditions of applicable third party;
In addition, you hereby warrant, represent and undertake that you will not permit, encourage or otherwise authorized any third party to: (1) use the Product and Technology in any way that disable, circumvent, or interferes the security-related features of the Product and Technology or prevent others from using the Product and Technology; (2) use the Product and Technology in any way that is illegal or encourages or advocates illegal activity; (3) modify, reproduce, or create derivative works from the Product and Technology or any part thereof; (4) use the Product and Technology in any way that conduct, promote, or contribute to fraudulent, illegal or other inappropriate activities; (5) remove, deface, or change the Product and Technology or any part of them; (6) use the Product and Technology in any manner that is illegal or not authorized by these Terms; (7) resell, sublicense, rent, assign, or transfer any right of the Product and Technology, or other commercially exploit of the Service; (8) Use Product and Technology in any way that violates, misuse or otherwise interferes with any copyright, trademark or other intellectual property right. (9) use or access, or try to use or access Product and Technology via automated means, including by crawling, scraping, caching or otherwise; (10) Violate these Terms and any applicable local, state, national or international law or regulation; (11) copy, sell, sublicense, distribute, lease, rent, assign or share any right of the Product and Technology and the License granted herein, or any other exploit of the Product and Technology; (12) use the Product or the Technology in any way that disable, circumvent, or interferes the security-related features of the Product and Technology or degrade its performance; (13) assert any right, including proprietary rights in or to the Product and Technology, or any element or content thereof, nor remove, amend or obscure any notices of proprietary rights; or (13) use the trade names or trademarks of My Tech Media without its prior written approval.
MY TECH MEDIA MAY, AT ITS SOLE DISCRETION MAY SUSPEND OR TERMINATE YOUR USE AND ACCESS TO THE PRODUCT AND TECHNOLOGY UPON ANY BREACH OF THESE TERMS PRODUCT TECHNOLOGY. PLEASE NOTE THAT A BREACH OF THESE TERMS MAY ALSO RESULT IN CIVIL AND CRIMINAL LIABILITY, UNDER APPLICABLE LAWS.
UPDATES OF THE PRODUCT AND TECHNOLOGY
We reserve the right, in our sole discretion to modify, upgrade, update, or perform other changes to the Product or Technology and the services offered therein, at any time. Please note that we will not provide you with any notice for any updates and modifications in the Product and Technology. We shall not be responsible or liable for any damages or any other effect resulting from any changes, updates or upgrades, in the Product and Technology. Please be advised that, by installing the Technology you approve the downloading and installation of automatic updates of the Technology.
WARRANTY AND DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PRODUCT AND TECHNOLOGY IS AT YOUR SOLE RISK AND WE DON’T MAKE ANY KIND OF REPRESENTATIONS, WARRANTIES EXPRESS OR IMPLIED, AS TO THE SECURITY OF INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE PRODUCT AND TECHNOLOGY. SUBJECT TO APPLICABLE LAW AND TO THE PROVISIONS OF THESE TERMS, THE PRODUCT AND TECHNOLOGY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE PRODUCT AND TECHNOLOGY AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE. WE DO NOT WARRANT THAT THE PRODUCT OR TECHNOLOGY ARE OR WILL BE FREE OF HARMFUL CODE NOR THAT THE PRODUCT AND TECHNOLOGY IT WILL BE ERROR OR BUGS FREE. WE DO NOT WARRANT THAT WE WILL TAKE ACTIONS IN ORDER TO CORRECT ANY ERRORS IN THE PRODUCT AND TECHNOLOGY. YOU HEREBY AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY DECISION MADE OR NOT MADE BY YOU, OR ACTION TAKEN OR NOT TAKEN BY YOU IN RELIANCE ON THE PRODUCT AND TECHNOLOGY, MOREOVER, WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES, INJURY OR LOSS INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS..WE MAKES NO REPRESENTATION THAT THE PRODUCT OR TECHNOLOGY ARE OR WILL BE AVAILABLE FOR USE IN ANY LOCATION OR AT ANY GIVEN TIME.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL MY TECH MEDIA, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, ITS DISTRIBUTORS, VENDORS, THIRD PARTY LICENSORS (COLLECTIVELY "MY TECH MEDIA's AFFILIATES"), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST OF PROFITS OR DATA, DAMAGES TO EQUIPMENT, ETC., ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT OR TECHNOLOGY EVEN IF MY TECH MEDIA OR WHOM ON ITS BEHALF, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL MY TECH MEDIA AND ITS AFFILIATES, FOR ALL CLAIMS MADE BY YOU AND DAMAGES SHALL EXCEED THE ACTUAL PRICE PAID BY YOU FOR YOUR USE OF THE PRODUCT AND TECHNOLOGY OR TEN US DOLLARS, WHICHEVER IS LESS.
You can terminate your use of the Product and Technology, at any time and for any reason. If you wish to terminate your use of the Product and Technology, you may remove the Technology from your device according to the uninstall procedure through your browser’s settings on your device.
Upon termination, the License shall be automatically terminated as well.
We may change, modify, suspend, or discontinue any aspect of the Product and Technology at any time without notice to you and without any liability to you whatsoever in connection therewith.
You agree to defend, indemnify and hold My Tech Media's Affiliates, harmless from any and all claims, damages, expenses, liabilities, losses, judgments and any related costs (including reasonable attorney’s fees) that may arise from your breach of these Terms.
We reserve the right, in our sole discretion to modify these Terms including any other policies incorporated thereto, at any time. The updates to this EULA shall be effective upon the publication of such updated EULA, and the continuous use of the User shall be deemed as the acceptance of the User to such updated EULA. The last version date will be reflected in the "Last Modified" heading located at the top of these Terms. You shall be responsible for reviewing and becoming familiar with any modification. In the event of material modification that will affect your rights, we will make the best efforts to provide you with an applicable notice.
1. The Technology is not intended to children under the age of 16, or other Users defined as "children" according to the relevant law in the Users jurisdiction. The User further represent and warrant that he/she is eligible to enter into these Terms, and he/ she has all proper authorization to enter into these Terms.
2. These Terms constitute the entire understanding between the parties with respect to the Product and Technology. If any provision of these Terms will be determined by court as invalid or unenforceable, the remaining provision will remain valid and in full force and effect.
3. These Terms, its performance and the Product and Technology shall be governed by, construed and enforced in accordance with the laws of the state of Israel, without regard to principles of conflicts of law or any provisions that would result in the application of the laws of any other jurisdiction. The parties hereto agree that the exclusive jurisdiction for any dispute, claim or controversy arising out of, connected with or relating to these Terms and to the Product and Technology, will be the competent court in Tel-Aviv, Israel. Any claims with regard to the Product and Technology shall be limited to twelve (12) months, and will be immediately barred afterwards.
4. You shall not assign or transfer any rights under these Terms. My Tech Media has the solely right to assign the rights and obligations in and to these Terms to a third party at its sole discretion.
5. In no event a failure of My Tech Media to enforce any rights or provision in these Terms shall be consider as a waiver of such rights or of subsequent actions in the event of future breaches.
6. In no event My Tech Media shall be deemed in breach of these Terms if it is unable to provide the Product, Technology or any other right connected therein by reason of national emergencies, earthquake, fires, riots, flood, storm, acts of God, labor dispute, war, global pandemic insurrection, or other events event beyond My Tech Media control.
7. If you have any questions or queries about these Terms or regarding the Website and Services, please do not hesitate to contact us at the following link: firstname.lastname@example.org