This Blingee toolbar terms of use agreement (the "Terms of Use") is a legal agreement between you (referred to hereinafter as "you", "your," or "user") and BA Software Limited, including all of its subsidiary and affiliated entities (referred to hereinafter as "BA Software ", "we," "us", or "our"). Use of the software features and services, as described below (collectively, the "Blingee Toolbar" or “Toolbar”), requires that you agree to the following Terms of Use. You agree to be legally bound by these Terms of Use by clicking on the "Next", "Run" or "Yes" button provided. Use of the Toolbar works in conjunction with the Blingee.com website, whose terms of use can be found at http://blingee.com/about/terms.
You must be 13 years of age or older to install or to use the Blingee Toolbar. If you are not yet 13, do not download the Blingee Toolbar. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this End User License Agreement with you, discuss any questions you might have, and install the Blingee Toolbar for you. If you are a parent or a guardian, you are responsible for exercising supervision over your children's on-line activities. If you do not agree to the End User License Agreement, do not let your child use the Blingee Toolbar or associated features.
IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY AMENDMENT, YOU MUST NOT USE THE BLINGEE TOOLBAR.
1. Features and Services. The Blingee Toolbar comprises a customizable browser toolbar which provides the following features and functionality:
a. Access to exclusive features for Blingee creation, including transparency and movement of stamps for extreme Blingee building.
b. An easily accessed search box located within the Blingee Toolbar that will provide Internet search results from our search partner.
c. The ability to easily select your images to Blingee with a single click.
d. The ability to provide relevant links and search results when a search request is made through the browser address bar or with the browser address (DNS) is invalid, misspelled or incorrectly formatted.
e. The ability to receive notifications from Blingee on important Blingee events, such as badge awards, stamp releases and competition results.
f. One-click access to other assorted tools and services which Blingee believes may be useful for you.
g. Blingee Toolbar default search settings, including:
i. Search results delivered in response to queries conducted through the browser address bar;
ii. Search results delivered in response to queries conducted through the browser search box;
iii. Suggested links or search results when no server can be found in response to misspelled or incorrectly formatted address requests (i.e. DNS error search).
2. Registration and Uninstallation/Removal
a. Use of the Blingee Toolbar does not require registration or personal information.
b. Collection and use of personal information on Blingee.com is governed by separate Blingee.com terms of use and privacy policy which are available at: http://blingee.com/about/terms and http://blingee.com/about/privacy.
c. The Blingee Toolbar can be easily uninstalled by following the steps here: http://blingee.com/toolbar/uninstall_help
3. Intellectual Property License
a. You acknowledge that BA Software Limited and/or third party affiliates own all rights, title and interest in and to the Blingee Toolbar, portions thereof, or services provided through or in conjunction with the Blingee Toolbar, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Blingee Toolbar. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Blingee Toolbar.
b. BA Software grants to you a limited, nonexclusive, revocable license to download this copyrighted Blingee Toolbar for your personal and non-commercial use. BA Software may, at any time, change, update, modify and/or terminate any part of the Blingee Toolbar or your use of it.
c. You may not copy, modify, display, license, distribute, transmit, re-post, or download any part of the Blingee Toolbar for commercial use without BA Software’s written consent. As a condition of its use, you promise not to use the Blingee Toolbar for any purpose that is unlawful or prohibited by these Terms of Use. Furthermore, you may not use the Blingee Toolbar in any manner that could damage, disable, overburden, or impair the Toolbar’s search services (e.g., you may not use the Blingee Toolbar in an automated manner), nor may you use the Blingee Toolbar in any manner that could interfere with any other party's use and enjoyment of the Toolbar’s search services.
4. Upgrades
a. BA Software may access your computer to perform maintenance on the Blingee Toolbar and to install updates without notice. These updates are also governed by these Terms of Use. Thus, in the course of using the Blingee Toolbar, you may see features added or removed as well as minor behavior and performance changes and improvements. Should any of these changes and improvements require updates to these Terms of Use or to our Privacy Policy, we will post the updated Terms of Use and/or Privacy Policy.
b. We reserve the right to add additional features or functions to the existing Toolbar. When installed on your computer, the Toolbar periodically communicates with our servers. We may require the updating of the Toolbar on your computer when we release a new version of the Toolbar, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current End User License Agreement before you will be permitted to use any subsequent versions of the Toolbar. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Toolbar.
5. Termination. You may terminate this Agreement at any time by uninstalling and destroying all copies of the Toolbar in your possession or control. We may terminate this Agreement or your account (or any part thereof), disable the Toolbar or cease providing any service at any time in our sole discretion. You agree that we shall not be liable to you or any third-party for any termination or disabling of the Toolbar.
6. Disclaimers of Warranties. YOUR ACCESS AND USE OF THE TOOLBAR IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SOFTWARE. WE PROVIDE THE TOOLBAR 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, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO GUARANTEES AS TO THE TOOLBAR AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE TOOLBAR, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY SEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
7. Limitations of Liability. YOU UNDERSTAND AND AGREE THAT NONE OF US, OUR SUBSIDIARIES, OUR AFFILIATES, OUR SUPPLIERS, OUR ADVERTISERS, OUR MERCHANT PARTNERS, NOR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE "COVERED PARTIES") ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, AND COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (A) THIS AGREEMENT OR THE USE OF, OR THE INABILITY TO USE, THE TOOLBAR, (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.
8. Miscellaneous
a. These Terms of Use will be governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located within California to resolve any disputes arising out of these Terms of Use.
b. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
c. The failure by BA Software to exercise or enforce any of the terms or conditions of these Terms of Use shall not constitute a waiver of BA Software’s rights hereunder to enforce each and every term and condition of these Terms of Use. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by BA Software and, if applicable, a third party who makes its software available in conjunction with or through the Toolbar.
d. The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall so survive such termination.
e. These Terms of Use along with any other notices, policies, procedures, agreements, and terms and conditions on the Blingee.com website contain the entire understanding with respect to your use of the Toolbar and our relationship with you, and such shall supersede all prior understandings and agreements, whether written or oral, and all prior dealings.
f. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION AGAINST US ARISING OUT OF OR RELATED TO THE TOOLBAR MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
g. Please note that these Terms of Use are subject to change, so please review these Terms of Use frequently. The current Terms of Use will always available at this page.