Terms of service

END USER LICENSE AGREEMENT

Last Update: November 11, 2019

Before Installing The Magic Search Browser Extension Or Using This Website, Please Read This End User License Agreement (The “Agreement”) In Its Entirety.

The terms set forth in this End User License Agreement (this “Agreement”) are conditions upon which Atsports (the “Company”, “we” or “us”) shall grant computer end users (“you” or “your”) a limited license to install and use the Magic Search browser software, together with any updates, upgrades, or extensions (the “Software”). Use of the Software is governed by the Company’s Privacy Policy, which is incorporated by reference into this Agreement and available at Privacy Policy. The Software is supported by advertising (including search, banner, text link, transitional, interstitial and full page advertisements), which is not associated with or endorsed by any underlying websites. By installing the Software, you agree to the use of your data in accordance with the Company’s Privacy Policy.

HOW TO CONTACT US

Privacy

Your communication with us and your use of the Software is governed by the Software Privacy Policy (Privacy Policy)

This Software Is Not Directed To Children

you agree that by using our website you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

The Extension Features

The Software provides a suite of web browsing features that customize and enhance your interaction with various websites by rendering graphics, text, or other functional or interactive content in your browsers. Software features may include, without limitation, browser extensions, tools and applications for search, text referencing, social media, website ratings and reviews, coupons, and comparison shopping for various products and services, and a variety of e-commerce merchandise.

Third Party Content and Advertising

When you click on an ad or link, submit information, or otherwise engage with Third Party Content (as described below), you are interacting with the third party, not with the Company.

The Company is not affiliated with or responsible for any third party advertisements, offers, statements, information, claims, promotions, surveys, questionnaires, free trials, memberships, subscriptions, reward programs, contests, sweepstakes, products, services, websites, web pages, links, computer software, applications, programs, code, data files, images, photographs, sounds, music, videos or other content promoted, displayed or made available through the Software (“Third Party Content”).

Your access to, interaction with, purchase or use of any Third Party Content is at your own risk, and any information provided by you or collected as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content.

We Encourage You Not To Provide Any Personal Information Or Access Any Third Party Content Unless You Know And Are Comfortable With Its Provider.

License To Use Software

Upon your assent to this Agreement, the Company hereby grants you a limited, revocable, non-exclusive, non-sublicensable license to install and use the Software solely for your personal, non-commercial use in accordance with the terms and conditions of this Agreement (the “Terms and Conditions”). The Software is protected by copyright, trademark and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Software at all times. Except as expressly permitted by the Company; you may not: copy; damage; reproduce; archive; upload; modify; translate; publish; broadcast; transmit; retransmit; distribute; perform; display; sell or otherwise use the Software or any portion thereof; use the Software in any manner inconsistent with this Agreement or any applicable laws rules or regulations; use the Software for any commercial purpose or gain; violate any third party licenses or agreements, including software licenses, website terms and conditions, and privacy policies.

Uninstalling the Software

The Software may be uninstalled at any time following the instructions at the following web page, http://www.magic-search.info/uninstall/ 

 

Disclaimer of Warranties

THE SOFTWARE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. You agree that you will be solely responsible for any damages or losses that arise from your use of the software. to the fullest extent permitted by applicable law, the Company disclaims all warranties and conditions of any kind, express or statutory, in connection with the software, including but not limited to the implied warranties of merchantability, fitness for particular purpose, non-infringement, compatibility, security and accuracy in particular the Company make no warranties or representation that (1) the software will be uninterrupted, timely, secure or error-free, (2) You will receive any specific results from using the software, (3) any defects related to the software will be corrected, (4) the software is free of computer bugs, viruses or other harmful component or (5) any information, content or materials made available through the software will be accurate, useful, timely or reliable. if the software or any data accessed via the software proves defective, You shall assume the entire cost of all repair or injury of any kind, even if the Company has been advised of the possibility if such defect and damages.The Company does not warrant, endorse, guarantee, or assume responsibility for any third party product or service advertised or offered through the software, and the Company will not be party to or responsible for monitoring any transaction between you and any third party provider or products or services. as with the purchase of the product or service through any medium or in the environment, you should use your best judgment and exercise caution where appropriate. no advice or information, whether oral or written, obtained By You From The Company Or Through Or From Use Of The Software Shall Create Any Warranty Not Expressly Stated In These Terms.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION.

 EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Russian Federation, without regard to conflict of laws or to the actual state or country of incorporation or residence of the Company or you, and you hereby submit to the exclusive jurisdiction of the courts of Moscow Russian Federation in connection with any action arising under this Agreement.

Indemnification

You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to your violating the Agreement and or any third party rights.

Miscellaneous

The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. 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. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Extension. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).

HOW TO CONTACT US

If you have any questions about the Software or this Agreement, please contact us by email at magicsearch@local-internet.ru