The following License Agreement have been republished from re-markable.net/terms-of-service/ and/or the program's installer.
PLEASE READ CAREFULLY THE FOLLOWING TERMS BECAUSE THEY CONSTITUTE A LEGALLY BINDING AGREEMENT. BY ACCEPTING THIS AGREEMENT IN THE INSTALLATION PROCESS, OR BY DOWNLOADING OR INSTALLING THE RE-MARKABLE BROWSER EXTENSION OR BY ACCESSING THE WEBSITE (LOCATED AT: http://re-markable.net/) OR BY USING ANY OF THE SERVICES INCLUDED IN IT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU PROVIDE YOUR EXPLICIT CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY THAT INCORPORATED BY REFERENCE TO THIS AGREEMENT (the “AGREEMENT”).
IF YOU DO NOT AGREE TO THIS AGREEMENT OR DO NOT CONSENT TO THE PRIVACY POLICY, THEN YOU MAY NOT USE THE PLUG-IN OR SERVICES.
This Agreement governs your use of Re-Markable downloadable extension application, its browser add-ons and affiliated applications (“Re-Markable” or the “Plug-in”). The Plug-in is owned and distributed by Virtue Interactive Ltd. (the “Company”, “We” or “Us”) or its affiliate partners.
To make it easier to understand the Agreement, here is a summary of your rights and obligations. NOTE that this summary is NOT a substitute to the full terms of the Agreement:
The Plug-in enables you to mark text online, store the marked text for later use, search for related texts and results on the web using common search engines (subject to such search engines’ terms and conditions), highlight the marked text for easy review and share it on your social network page.
The use of the Plug-in is subject to any applicable intellectual property (“IP”) laws.
You may use the Plug-in and content included in it for your personal, non-commercial use only.
The use of the Plug-in is free of charge and sponsored by advertisements that would be served to you by Us, by Our affiliates or by third party vendors (“Vendors”) under their sole terms and responsibility.
Each engagement that you make with a Vendor is governed by the Vendor’s own terms.
We may collect some non-personally identifiable information about you for aggregated and statistic purposes, as explained in our privacy policy.
The Plug-in is provided to you with no warranty of any kind to the maximum permitted under the law.
We may change or update these terms from time to time, therefore you must check the terms regularly to check such changes.
1. Introduction; The Plug-in offers you several features that will enhance your online experience and your use of information across the web. By using the Plug-in you can mark text online and to: (a) store the marked text on the webpage for later use; (b) search for related texts and results on the web using common search engines (subject to such search engines’ terms and conditions); (c) highlight the marked text for easy review, and (d) share the marked text on your social network page. The Plug-in will enhance your interaction with websites you browse by adding features, functionality and content through your browser. The Plug-in is FREE of charge and sponsored by advertisements and commercial offers that may be displayed to you by Vendors (as detailed below).
The Plug-in is available for download at http://re-markable.net/ and other websites maintained by Us or by Our affiliates (the “Sites”). The Plug-in, the Sites and any related features, updates, functionalities, products, services, Plug-in, websites, programs, promotions or content (including but not limited to advertisements and commercial offers) provided by Us or by Our affiliates will be referred to collectively as the “Services”.
Please note that this Agreement does NOT govern your use of any of the websites, webpages, search engines, social networks pages or other sources which you are marking your text from (the “Source Sites”) or in/on which you are searching, posting and/or sharing the marked text (the “Target Sites“); Such usage, including marking, copying, searching, sharing or otherwise is subject to each of the Source Sites’ or Target Sites’ terms and conditions. The Plug-in is not attributed to, provided or endorsed by any of such Source or Target sites.
2. Age Notification; By downloading and using the Plug-in you certify you are over the age of 18 (i.e, you are not a minor) and you have the legal competence to be bound by this Agreement. If you are a minor then you certify that you have your parent or legal guardian’s authorization to install and use the Plug-in and/or that your parent or guardian supervises your use.
3. License to Use the Plug-in;
3.1. License Grant; Subject to your full consent to the terms and conditions of this Agreement, We hereby grant you a limited, personal, revocable, non-sub-licensable, non-assignable, non-transferable, non-commercial, non-exclusive and temporary right and license to use the Plug-in or Services solely for your personal, non-commercial lawful use.
3.2. Restrictions; Except as expressly permitted by Us, you may not use, copy, download, reproduce, duplicate, archive, upload, modify, distribute, publish, sell, make derivative work, reverse engineer, attempt to gain un-authorized access to the Services or attempt to discover the source code or structure of the Plug-in or the functionality of the Plug-in or Services, decompile or otherwise manipulate the Plug-in or Services.
4. Plug-in Features & Changes to your system;
4.1. The Plug-in Features; The Plug-in provides you with FREE features that will enhance your use of the Internet and your ability to make the most out of information around the web. Note that like most online features, by installing the Plug-in you provide your consent to make few minor changes in your browser’s and operating system’s default preferences which enable the installation of the Plug-in. At all times you will be able to revert back the changed settings again, by accessing the settings option of your browser and disable the Plug-in (if you are using Internet Explorer (“IE”) or Fire Fox (“FF”) browser) or to uninstall the Plug-in to revert back any change (if you are using Google Chrome (“Chrome”)).
Proxy Configuration: To ensure continuous Service and proper functionality of the Plug-in we may operate in a proxy configuration. Proxy is a server that acts as an intermediary for requests from clients seeking resources from other servers. At your sole request you can manually revert back your proxy configuration to its original state or by completely uninstall the Plug-in;
Protection: we may, now or in the future, use features or components to counter third party attempts to modify or replace your proxy configuration without notifying you or get your permission to do so; Such third parties may include (without limitation) malicious programs and other harmful code that, in some cases, may compromise your system (collectively or in separate “Un-permitted Access”). You are hereby giving us your permission to use such features automatically without prior notification to you. Such features and components will act to protect your then-current proxy configurations, however we cannot guarantee 100% success and in no case we will be responsible for any Un-permitted Access or changes made to your system preferences or proxy configurations or to any damage that might have been caused to you due to Un-permitted Access;
4.2. Third Party Advertisements and Links; The Plug-in and Services are sponsored by third party advertisements and commercial offers and may also contain links to third parties websites, advertisements, products, offers, applications and more (“Third Party Content”). By downloading and using the Plug-in you give your consent to display to you such Third Party Content (by using display ads, pops, coupons, price comparison, in-line text and content recommendations) through Our or Our business partners’ technology. To learn more about such advertising tools and third party providers click here;
In no case and for no reason We will be liable or responsible for such Third Party Content and your engagement with such Third Party Content is at your sole risk and responsibility.
4.3. The Services are not affiliated with any Source or Target websites; The Plug-in and Services enrich and optimize your use of information over the web. However, neither the Plug-in nor the Services sponsored by or affiliated to the Source Sites or Target Sites and the Plug-in and Service are offered by Us and not by these sites. At all times, your use of such sited is subject to their terms and conditions.
5. Updates; We may periodically install an automated updater once a new version of the Plug-in is released so at all times you will use the most up to date version of the Plug-in and Services. We may do that without priory notify you and without any action on your part.
6. Amendments; We may amend, from time to time, the terms of this Agreement, the Plug-in’s features, functionality, design, logo and/or name. Any material change in these terms or in the Plug-in will be posted in the Site. If you decide that any amendment in these terms or Privacy Policy or Plug-in does not constitute as your understanding with, you may, at your own will, terminate this Agreement by not using the Site and Services.
7. Proprietary Rights; The Services and data that provided to you through the Plug-in contain materials that may be protected by international copyright, and/or any other intellectual property (“IP”) laws, that are owned by Us, Our licensors, Vendors, partners and/or affiliates or other third parties. Such material may contain information, logos, text, images, video, sounds, musical works, works of authorship, applications, and other materials or content (“Protected Content”). Except as permitted by Us in this Agreement, and without derogating from the generality of the described under the “License to use the Plug-in” section, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any of the Protected Content, including, but not limited to any derivative work based on the Protected Content.
We respect your rights and the rights of others and do our best to protect such rights. If you believe that your right, or other third party’s right, have been abused or violated, please contact us at:
[email protected] and we will do our best to assist you and/or to fix such violation.
8. Warranty and Liability;
8.1. No Warranty; You acknowledge that the Services and the Plug-in are provided with no warranty of any kind and all use is at your sole risk and responsibility. The Services and Plug-in provided to you on an “as-is”, “as available” basis, without any warranty or condition, express, implied or statutory. Your use of the Plug-in, Services, the Protected Content and/or any other Third Party Content is at your sole risk and you will be solely responsible for any damages or losses that arise from your access to and use of the Services. We make no warranties or representations that (a) the Services or the Plug-in will meet your requirements; (b) the Services or Plug-in will be uninterrupted, timely, secure or error-free; (c) you will receive any specific result from using the Services or Plug-in; (d) any defects related to the Services or Plug-in will be corrected; (e) the Services or Plug-in are free of computer bugs, viruses or other harmful components; (f) any information, content or materials made available through the Services will be accurate, useful, timely or reliable. (g) We will perform any tracking or monitoring to any transaction made through the Service;
8.2. No Liability; In no case and for no reason, to the fullest extent permitted by the law of Israel, We or Our partners, subsidiaries or affiliates, or any of their officers, directors, shareholders, employees, contractors or agents (collectively, ”Partners”) will be liable, endorse, guarantee, or assume responsibility for any damage, direct or indirect, consequential, exemplary, physical or special to you or to any third party, due to its miss performance of duties herein. We will not be held liable for any interaction between you and any third party’s Sites, products, services, content, advertisements or offers through the Services, and will not be a party to or responsible for monitoring any transaction between you and any such third party.
9. Termination; We may, at Our sole discretion, terminate this Agreement and/or any of the Services, due to any reason or for no reason at all, with or without prior notice. You agree that We or Our Partners will not be liable to you or to any third party for any such termination. You may disable the Plug-in by un-check the enable check box in your browser’s settings; You may also completely terminate this Agreement with us by uninstall the Plug-in from your computer by.
Please be advised that your browsers must be closed to complete the uninstall process. If you encounter any problems while trying to uninstall the Plug-in and/or Services, please contact us at
[email protected] and we will assist you in the process.
10. Indemnification; You agree to indemnify, defend and to hold Us and Our Partners harmless from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of your access or unauthorized use of any of the Services and/or any activities or actions by you that violate this Agreement or any third party rights or terms and conditions.
11. Governing Law; This Agreement will be solely governed by the Laws of the State of Israel, and any dispute arising from it will be brought only to the competent courts of the Tel-Aviv district.
12. General;
12.1. Waiver; any failure of Us to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
12.2. The Section titles in this Agreement (including the privacy policy) are for convenience only and have no legal or contractual effect.
12.3. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
12.4. This Agreement, including the Privacy Policy, supersedes any previous agreement and constitutes the entire agreement between you and Us concerning the Services.
12.5. You and Us are independent entities, and nothing in this Agreement, or through the use of the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Us. We may change these terms from time to time. You are advised to check these terms regularly from time to time. You agree to be bound by any of the changes made in the terms of this Agreement. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.
12.6. Assignment; we may assign this agreement to a third party or to our successors, subsidiaries or sister or mother company, or in a case of merger or acquisition of our company;
Contact Us; If you have any questions or clarifications about this Agreement you may contact us as at:
[email protected].
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