ALAWAR TERMS OF USE

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF USE"), DO NOT USE THIS WEBSITE.

TERMS OF USE - GENERAL

Acceptance of Terms of Use

Alawar Entertainment, Inc. and its affiliates ("Alawar") makes this Website www.company.alawar.com and Alawar's domains included within this internet website ("Website"), including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Website, use of any Alawar services, or browsing the Website, you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

These Terms of Use may be amended by Alawar at any time. Such amended Terms of Use shall be effective upon posting on this Website. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the "Content") or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

Alawar reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Alawar reserves the right to terminate or restrict access to the Website for any reason whatsoever at its sole discretion.

Warranties and disclaimers

Although care has been taken to ensure the accuracy of the information on this Website, Alawar assumes no responsibility therefor. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." ALAWAR HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT. ALAWAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. ALAWAR DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY ALAWAR ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

The use of the services or the downloading or other use of any content through the site, if any, is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Alawar assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or content offered through the site. No advice or information whether oral or written, obtained by you from Alawar or from the site shall create any warranty not expressly stated in the terms of use.

The Website may contain references to specific Alawar products and services that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

IN NO EVENT SHALL ALAWAR OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEVIED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF ALAWAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST ALAWAR PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO ALAWAR IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL CIRCUMSTANCES.

Links to other sites

This Website may provide links to other websites that are not under the control of Alawar. Alawar shall not be responsible in any way for the content of such other websites. Alawar provides such links only as a convenience to the user of this Website, and the inclusion of any link to any such websites does not imply endorsement by Alawar of the content of such websites.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Content (including but not limited to software, services, audio, video, text and photographs) rests with Alawar or its licensors. All rights in the Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its products or services except as expressly authorized herein. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Alawar is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

Alawar hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Alawar disclaims any proprietary interests in the intellectual property rights other than its own.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Alawar’s Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Alawar and its affiliates that your copyrighted material has been infringed.

• 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 upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• Your name, address, and e-mail 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.

Alawar’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Alawar Entertainment, Inc.
244 Fifth Avenue, Suite F164
New York, N.Y. 10001

Software

If certain Software of Alawar and its licensors is made available for downloading from or through this Website (the "Software"), this Software is licensed subject to the terms of the applicable license agreements. Both the Software and any accompanying documentation made available through this Website is the copyrighted work of Alawar or its licensors, as applicable. Except as set forth in the applicable license agreement, the Software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. You must agree to the terms of the applicable license agreement to download or order Software, products or services from this Website.

You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work or otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its Products, Content, Software or Services, except as expressly authorized herein or in the applicable license agreement. Any such unauthorized use shall result in immediate and automatic termination of your license to use this Website and, as applicable, of the license for Alawar's products and services and may result in criminal and/or civil prosecution.

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE, CONTENT, PRODUCTS AND SERVICES SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. ALAWAR HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE, CONTENT, PRODUCTS.

Without limiting the foregoing, Alawar makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products accessible by you through the Website will meet your expectations; any errors in the software obtained from or used through the Website, or any defects in the Website, its services or products, will be corrected.

Information Provided By You/Feedback

Any material or information sent through or in connection with this Website by you ("User Materials") will be treated as non-confidential and non-proprietary, and immediately become the property of Alawar, subject to any privacy policies posted on this Website. Alawar may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

You, at your option, may, from time to time, provide suggestions, comments or other feedback to Alawar with respect to the Website, Content, Alawar's services or products (hereinafter "Feedback"). You hereby agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality or any other obligation for Alawar. However, Alawar will not publicly disclose the source of any Feedback without first obtaining your consent. Except as otherwise stated herein, Alawar shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you and any and all intellectual property rights arising out of, relating to, or in connection with Feedback shall be owned by Alawar.

Information collected about the user

The Alawar browser extension sends a configuration request when you start your browser. This request includes only data such as browser type, OS, country and non-personal browser activity. In addition, occasionally Alawar browser extension platform may send a request to our servers to check for new version releases.

All of the collected information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering better search services and content in accordance with your preferences.

Unlawful or Prohibited Use

You may not use this Website for any purpose that is unlawful, prohibited by these Terms of Use, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website, or that interferes with any other party's use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Alawar to all users of this Website.

Indemnification

You hereby agree to indemnify and hold harmless Alawar, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use.

Linking to the Website

Linking to the Website is permitted provided that you comply with the following rules. You may link to the home page of the Website or to any other page of this Website. However you are not allowed to use in-line linking or framing. You must not imply that Alawar endorses or sponsors the linker or its website, products or services. You must not use Alawar's intellectual property including but not limited to trademarks, trade name, copyright without permission from Alawar. Furthermore, you agree to remove the link at any time upon our request.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Delaware state without regard to its principles of conflict of laws. Any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Website shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules"), as well as the Federal Rules of Civil Procedure and the Federal Rules of Evidence. There shall be one arbitrator appointed by the AAA in accordance with its Commercial Rules. The place of arbitration shall be New York, NY. The arbitration shall be conducted and the award shall be rendered in English.

Alawar does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.

Questions regarding the Website or these Terms of Use may be submitted to privacy@alawar.com. Please also have a look at our online Privacy Policy.

ELIGIBILITY

You may not use the Content of this Website unless you are over 13 years of age or have obtained prior consent of your parent or legal guardian before using the Content of this Website.