® + © 2014 MapsEasy. All rights reserved.
IMPORTANT - PLEASE READ CAREFULLY. By clicking on the "Next" or "Download" or "I Accept" or such similar button or link as may be designated for purposes of initiating the download of the accompanying software product (the "Software") or by using such Software, the end user ("you") agrees to be legally bound by this Combined AVSoftware End User License Agreement and Terms of Service (this "Agreement").
The Software is not spyware, by which we mean that the software does not facilitate keystroke monitoring, does not interfere with normal installation, operation or removal of the Software or other programs, does not harm or compromise programs or data stored on your computer, and does not introduce or facilitate malicious or harmful code of any kind.
Subject to the terms and conditions of this Agreement, AVSoftware ("we" or "us") grants you a non-exclusive, revocable, limited license, to (a) download and install the most current generally available version of the Software, and (b) use the Software you download and install solely for your personal, non-commercial purposes. The term Software includes all updates thereto which we make available to you.
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 Software or this Agreement or use the Software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the source code of, the Software, or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Software in any way. You do not have the right to and may not create derivative works of the Software. All modifications or enhancements to the Software remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or to use the Software at any time, and we may at any time suspend or terminate any license hereunder and disable the Software or any of its component features.
We reserve the right to add additional features or functions to the Software. When installed on your computer, the Software periodically communicates with our servers. We may require the updating of the Software on your computer when we release a new version of the Software, or when we make new features available. Such updates will occur only upon prior notice to you, except for the limited case where notice is not possible due to technical problems or an emergency that requires us to update the Software in order to maintain existing functionality or to comply with the law. You understand that we may require your review and acceptance of our then-current privacy policy, terms of service and/or end user license agreement before you will be permitted to access any subsequent versions of the Software. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Software. You represent and warrant that you are either the owner or an authorized user of the computer where the Software is installed.
We may make changes to this Agreement from time to time in our sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on www.safesearch.net. Please check this link from time to time for the current version of this Agreement.
Your continued use of the Software following the posting of changes constitutes your acceptance of any such changes. If you do not accept such changes, you must remove the Software from your computer and cease all access to and use of our services hereunder. Failure to so remove the Software from your computer or to cease accessing our services will be deemed acceptance of the terms of the most current Agreement.
You acknowledge and agree that the Software is licensed, not sold to you. You acknowledge that the Software, including all code, content, protocols, software, and documentation provided to you by us in conjunction with the Software or our services are our property or the property of our 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 Software. All rights not expressly granted hereunder are expressly reserved to us and our licensors.
The Software does not collect any personally identifiable information about you (such as your name, email address, etc.). Further, the Software does not (b) collect or "screen-scrape" any search queries or information that you provide to any other web sites; (c) serve pop-ups or other ads when you are on other websites; or (d) collect or report back to us any data regarding your computer keystrokes or other data unrelated to the services the Software provides as disclosed to you. However, when you perform a web search query, the Software will communicate with our servers in order to provide the functions made available by the Software, such as processing web search queries or requests, to update the Software, and to verify and update your settings.
Your use of the Software is subject to our Privacy Policy available on www.safesearch.net (the "Website"). Such Privacy Policy is incorporated herein by this reference. If you do not agree to the terms of the Terms of Service below and the Privacy Policy, then do not install the Software.
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software in your possession or control. We may terminate this Agreement, disable the Software or cease providing you any service at any time in our sole discretion.
You may uninstall or remove the Software at any time by following the instructions on our website or by using the Windows add/remove programs function to remove the Software.
Upon termination, cancellation, suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Software and our services. You shall not thereby be entitled to any refund or credit. Sections I.4., I.7., II.17., II.18., II.19., and II. 22 of this Agreement will survive any cancellation or termination of this Agreement.
The Software 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 Software, (i) you are deemed to represent and warrant that you are not prohibited from receiving the Software based on any of the foregoing laws, and (ii) you are deemed to agree that you will otherwise comply with all applicable export control laws.
These Terms of Service, as we may revise them from time to time (this "Agreement") state the terms and conditions under which we provide you with various services (collectively, the "Services") on or through the following Internet web sites: www.safesearch.net and www.avsoftware.org (collectively, the "Sites"). This Agreement applies to the Sites and Services as hereafter modified.
By accessing, browsing and/or using any Site and/or Services, including downloading any software available from the Site, you are deemed to accept and to be bound by this Agreement with respect to the use of that Site and those Services. If you do not wish to be bound by this Agreement, please do not access, browse or use any of the Sites or any Services.
The contents of the Sites are intended solely for the personal, noncommercial use of our users. All right, title and interest to the content displayed on or accessed through the Sites, including but not limited to the Sites' look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are owned by us or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as indicated in any applicable policies, guidelines, terms, rules or instructions provided by us on the Sites or as part of the Services ("Guidelines"), you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Sites or any content (including without limitation any software) available through the Sites or Services.
We may make changes to these Terms of Service from time to time, in our sole discretion, by posting such revised document on www.safesearch.net at http://www. safesearch.net/eula. Please check this page from time to time for the current version of these Terms of Service. Your continued use of any of the Sites or Services following the posting of changes to these Terms of Service constitutes your acceptance of any such changes. Upon your acceptance of such revised Terms of Service, this Agreement will be as set forth in such revised Terms of Service.
In addition to the terms of this Agreement, when using particular Services, you shall be subject to any posted Guidelines applicable to such Services and to the "Disclaimers" then posted on the Sites. We may make changes to such Guidelines and Disclaimers from time to time, in our sole discretion, by replacing or updating the applicable documents on the Sites.
You provide us information through your use of the Sites, such as by registering, participating in promotions, and otherwise. Our Privacy Policy, as revised from time to time (which is incorporated herein by this reference), describes the terms and conditions that govern our collection and use of such information, including our respective rights relative to that information. Please review the Privacy Policy before you use the Sites. If you are unwilling to agree to the Privacy Policy, please do not use the Sites, the Software or the Services.
You agree not to modify the Services in any manner or form, or to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services or portions of such services. You agree not to access the Services by any means other than through the interface that we provide for use in accessing the Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of our content or any third party's content. Any rights not expressly granted herein are reserved.
Any software provided by us to you through the Sites, including any files, images incorporated in or generated by such software, and data accompanying the software (collectively, the "Software") are licensed to you pursuant to the license agreement accompanying the Software. Title to the Software is not transferred to you.
You may not send automated queries of any sort to any of the Sites without our express prior written permission. Note that "sending automated queries" includes, among other things: (a) using any software which sends queries to a Site to determine how a website or webpage "ranks" for various queries; (b) "meta-searching"; and (c) performing "offline" searches on any Site.
Certain Sites may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("Postings"). A Posting may be placed on a chat area, a bulletin board, an "instant messaging" message or a virtual community offered as part of the Services. A posting may also be placed on your own "notes" page for some of our services. You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content (the "Poster"), and not us. We do not control the Postings and do not guarantee the accuracy, integrity or quality of any Postings. You agree that your use of any Posting is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Posting.
You acknowledge that we do not pre-screen Postings, but that we have the right, but not the obligation, to refuse to make available, to modify or to remove any Postings or portions of Postings in our sole discretion and at any time without notice to the Poster, regardless of whether those Postings violate the terms of this Agreement or are otherwise objectionable.
Please understand that if you place a Posting on a Site, your Posting may be available publicly. You should not assume that you are anonymous online or that you cannot be identified by your Postings. Due to the potential risks presented with Postings, children under the age of 13 are prohibited from placing Postings on a Site. You agree that all of your Postings will comply with the requirements of this Agreement.
If you place Postings on a Site, you agree that we may copy, distribute, display, publish, modify or translate such Postings for any purpose and in any medium worldwide (including incorporating your Postings into our answer databases or any other property, product or service of ours) without any obligation to compensate you or any other third party in any way for any such use. We may grant other parties these same rights as to your Postings. The foregoing license will not be affected by your removal of any Posting.
You understand and agree that by using the Sites and Services, such as by viewing search results or clicking through to a third-party website or a cached version of such website by following a search results link, you may be exposed to Postings and third party content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Postings or content, including any reliance on the accuracy or completeness of any Postings or content. Under no circumstances will we be liable in any way for any Postings or content, including, but not limited to, for any errors or omissions in any Postings or content, or for loss or damage of any kind incurred as a result of the use of any Postings or content posted, transmitted or accessed using the Site or Services.
If you send us creative suggestions, ideas, notes, drawings, or other information relating to the operation of any Site, the nature or scope of any Software or Services, or ways to improve the any Software, Site or Services (collectively, "Submissions"), you agree that we shall automatically and exclusively own all right, title and interest in and to the Submissions. We will not have any confidentiality obligation regarding the Submissions. We shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
You agree not to use the Sites or the Services to:
Certain Sites require users to register to obtain certain Services. Registration is available to any individual at least 13 years old and whose use of the Sites and Services is not prohibited by any applicable law. Registration is limited to one registration per user. By registering for the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by our registration form (the "Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. Registrants have the right to terminate their account at any time by sending a request to AVSoftware Customer Service using this link: http://www.safesearch.net/contact-us
Access to certain Services requires you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (a) select or use a screen name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any person without their authorization; or (c) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (i) to notify us immediately of any unauthorized use of your password or account or any other breach of security, and (ii) to ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from the use or misuse of your password or account.
The Services may include search results or links to other Internet web sites 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 are not responsible or liable, directly or indirectly, for any damage or loss 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. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those web sites.
You understand that we may make available caches (saved snapshots) of various Internet web sites to facilitate your viewing of search results. Cached sites can be accessed by clicking on the "cached" link appearing next to the site name in the search results list. All cached pages are displayed with a special banner across the top of the page, which identifies where and when the cached page originated. The foregoing disclaimers and terms apply to all Internet web sites, even ones that are cached. You understand that the cached version of any site might not contain the most recent updates made to such site. If this is a concern for you, then you should be sure to direct your browser to the non-cached copy of the site.
Generally. Your dealings with advertisers and third party vendors found on or through the Sites or Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. We do not make any representations or warranties with respect to any goods or services that may be obtained from such third parties. You agree that we are not liable for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available from or through such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those Web sites.
Financial Information. The Services allow you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The Services, including all such financial information, are provided for informational purposes only, and no information you may obtain is intended by us to be used for trading or investing purposes. We shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the Services, and shall not be liable for any trading or investment decisions made based on such information.
Shopping Retailers. The Sites and Services include shopping services to help you locate and potentially purchase products from online and offline retailers. We do not, however, control these independent retailers and we do not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping using the Sites or Services you acknowledge and agree that: (a) we do not endorse any of the products or service linked to, from, or through the Sites or Services, and (b) we have not taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through us or the Sites or Services. We expressly disclaim any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
You agree to comply with all applicable laws regarding your use of the Sites and Services including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
We reserve the right at any time and from time to time to modify, suspend, discontinue or terminate the Sites or the Services (or any part thereof) with or without notice. You agree that we are not liable to you or to any third party for any modification, suspension, discontinuation or termination of the Sites or the Services.
Subject to any rights you may have under the Guidelines, you agree that we, in our sole discretion, may terminate your access to the Sites and the Services, and/or remove, discard or modify any of your Postings or content within such service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Sites and Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Sites and Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Sites and Services, even if advised of a claim for damages.
You understand and agree that:
These disclaimers constitute an essential part of this Agreement.
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, 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 and hold us and each other Covered Party, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of, or reliance on, the Sites, Services or any Software, (c) your connection to the Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
You agree not to display or use the AVSoftware Marks in any manner without our prior written permission. To seek permission to use any of the AVSoftware Marks, please contact us in writing at the following address:
AVSoftware
Attention: SafeSearch
E-mail: notice@safesearch.net
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (the "DMCA"), we have designated an agent to receive "Notifications of Claimed Copyright Infringement" on the Sites, who can be reached as follows:
notice@safesearch.net
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement and that the illegal copy appears on or is accessible through the Sites or Services, please provide our copyright agent the following:
In lieu of preparing your own notification, you may print this Notification of Claimed Copyright Infringement form, complete and sign it, and mail it to our copyright agent at the above address.
Pursuant to the DMCA, once we receive a properly prepared Notification of Claimed Copyright Infringement, we will remove or de-link, as applicable, the allegedly infringing content or site until we receive a properly prepared Counter-Notification. Even after we de-link an allegedly infringing site, it is possible that the site will reappear once a further search is run, due to the technology that many search engines employ in conducting searches for our users. Therefore, a more effective way to remove allegedly infringing material is by filing a Notification of Claimed Copyright Infringement with the Internet service provider that hosts the allegedly infringing website.
Please note that if the allegedly illegal copy appears in content that is supplied to one of the Sites by a third-party content provider, we may respond by referring you to that provider.
If a properly prepared Notification of Claimed Copyright Infringement has been filed with us against you, we will advise you of that fact. If you would like to file a Counter-Notification of Claimed Copyright Infringement, we will provide you with a mail-in form that accompanies our letter to you advising you of the claimed infringement.
You may want to seek independent legal counsel before filing a notification or counter-notification.
No Other Agreements Between Us. With the exception of our Privacy Policy, the Guidelines and the Disclaimers, this Agreement (as it may be revised by us as provided above) constitutes the entire agreement between you and us governing your use of the Software, the Sites and the Services and supersedes any prior agreements between you and us for that purpose, including any membership agreements or other similar agreements applying to the Software, the Sites or the Services.
Acts of Nature. Under no circumstances shall we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, and other equipment failures.
Applicable Law; Jurisdiction. This Agreement, including the Privacy Policy, and the relationship between you and us are governed by the laws of Bulgaria, 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 the County of Sofia, Bulgaria.
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 Software, the Sites, the Services, or this Agreement, including the Privacy Policy, 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.
Contact Information. If you have any questions or concerns with respect to this Agreement or the Sites, you may contact Customer Service with this link: http://www.safesearch.net/contact-us or by mail at:
notice@safesearch.net
Headings. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
Effective Date. The effective date of this Combined End User License Agreement and Terms of Service is July 26, 2012.
© 2012 AVSoftware.
AVSoftware, LLC ("AVSoftware") takes your privacy very seriously. Please read the following to learn more about AVSoftware's Privacy Policy ("Policy"). This Policy details how AVSoftware receives, collects and uses information in connection with their website located at SafeSearch.net and software provided on the SafeSearch.net website (the website and software collectively referred to herein as "Site").
AVSoftware does not automatically collect any personally identifiable information, such as names, e-mail, age, gender, address, telephone numbers, login names and passwords or other self-identifying information ("Personal Information"). AVSoftware may request that a user provide an e-mail address if such user wishes to be contacted regarding any offers, updates, newsletters and service related announcements. If a user provides an e-mail address to AVSoftware, such user authorizes AVSoftware to send user communications.
AVSoftware may use cookies on the Site. Cookies are pieces of information that a website transfers to an individual's hard drive for record-keeping purposes. Cookies make web-surfing easier by saving preferences and browsing patterns while you are at AVSoftware's Site. Cookies may be used to analyze Site usage, improve content, customize the Site's content and layout and for other customer service purposes. AVSoftware's use of cookies is in no way linked to any Personal Information.
AVSoftware may automatically receive and record certain non-personally identifiable information on its server logs from your browser, including your IP address, browser type, internet service provider (ISP), cookie information, and the webpage that a user visits. AVSoftware collects non-personally identifiable information for general purposes, including but not limited to analyzing trends, administering the site, tracking user movements, conducting research, and providing anonymous reporting to internal and external clients. AVSoftware will not link any Personal Information, including e-mail addresses, with aggregate data of its users.
AVSoftware does not rent, sell, or share any information about the user with any third-parties. AVSoftware may disclose your Personal Information if AVSoftware believes such action is necessary to: (a) comply with the law or legal process served on AVSoftware; (b) protect and defend the rights or property of AVSoftware (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of AVSoftware services or members of the public.
Protecting the privacy of the very young is especially important. We operate our website in compliance with the Children's Online Privacy Protection Act (COPPA). We never knowingly collect or maintain information at or on our website from those we actually know are under 13, and no part of our website is directed at or structured to attract anyone under 13. Visitors younger than 13 years of age may NOT use the AVSoftware website and software and must LEAVE immediately.
AVSoftware takes reasonable precaution to protect Personal Information from misuse, loss and unauthorized access. Although AVSoftware cannot guarantee that Personal Information will not be subject to unauthorized access, AVSoftware has physical, electronic, and procedural safeguards to protect the Personal Information. Personal Information is protected by secured networks and access is limited to a few authorized employees and personnel. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, however.
In the event that AVSoftware goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, Personal Information will likely be among the assets transferred. AVSoftware will post a notice on this website of any such change in ownership or control of the Personal Information AVSoftware may have prior to such transfer.
From time to time, AVSoftware may revise this Policy. AVSoftware will post the revised Policy on the Site, so that users can always be aware of what information AVSoftware collects, how the information is used and under what circumstances such information may be disclosed.
® + © 2014 MapsEasy. All rights reserved.