1. User Information
You certify to MyMkvPlayer.com (''MyMkvPlayer.com'' or ''We'') that you are not a minor, i.e. that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her password under supervision of the parent or guardian.
2. Appropriateness of Information
The information or data provided by and through the Service may include objectionable or inappropriate material. By entering the Website or using the Service you undertake full responsibility for determining whether the information complies with your needs or sensitivities.
4. Proprietary Rights to Information and Data
The information and data provided by or through the Service is protected by international copyright laws of MyMkvPlayer.com, its third party providers, or any other User that posts information on the Website. The User acknowledges that such information and data may contain other proprietary information and material, and the User will respect all such proprietary rights and take such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorized use.
MyMkvPlayer.com's logos and product and service names are trademarks or service marks of MyMkvPlayer.com (collectively, ''Marks'') or any of its affiliates. The User agrees not to display or use, in any manner, any of MyMkvPlayer.com's Marks or copyrighted material without MyMkvPlayer.com's prior written consent. Third party trademarks, service marks, logos and trade names appearing on any of the websites which are part of the Service are the property of their respective owners.
6. Prohibited Uses
you expressly agree not to use the Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, transmitting or uploading abusive, profane, libelous, slanderous, threatening or otherwise harassing material via the Service, transmitting or uploading any viruses, worms, ''Trojan Horses'' or other similar materials onto the Service or the Website, or reproducing, sending or distributing to or through the Service any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. You expressly agree not to damage, alter or modify the Service or any content thereof.
7. General Copying Restrictions
a. Use the Product as licensed as follows: RETAIL use: by a single workstation only (one license per one workstation); CORPORATE use: according to the number of workstations paid for to MyMkvPlayer.com . The Product is delivered in a manner to provide for the use by a single workstation. This does not include use on a computer network. Working with MyMkvPlayer.com on a network requires a separate license (MyMkvPlayer.com Server License). You may not use the Product for more than one workstation unless you paid to MyMkvPlayer.com the appropriate license fee; in the event there is more than one single workstation using the Product, then you must pay a license fee for each additional workstation. In the event that you have any questions regarding the number of users permitted you should immediately contact MyMkvPlayer.com .
b. Copy the Product for backup purposes as appropriate.
c. Transfer the Product and entire license permanently to another person if that person agrees to accept all of the terms and conditions of this Agreement. If you transfer the Product you must at the same time either transfer all copies of the Product to the same person, or destroy any copies not transferred.
d. Terminate this license by destroying the original and all copies of the Product in whatever form.
8. Monitoring of the Service
9. Third Party Vendors
The User may order or use services or merchandise through the Service from third parties not affiliated with MyMkvPlayer.com (''Third Party Vendors''). All matters concerning such services and merchandise desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User. MyMkvPlayer.com makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider MyMkvPlayer.com, nor will MyMkvPlayer.com be construed, as a party to, or a third party beneficiary of, such transactions, whether or not MyMkvPlayer.com may have received revenue or other remuneration in connection with the transaction. MyMkvPlayer.com will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors. Please note that, foreign exchange rates are supplied under license by XE.com Currency Tools.
MyMkvPlayer.com is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Service. As a convenience to our members, MyMkvPlayer.com provides links to many resources. MyMkvPlayer.com makes no representations as to the quality, suitability, functionality or legality of any sites to which MyMkvPlayer.com may provide links, and the User hereby waives any claim the User may have against MyMkvPlayer.com with respect to such sites.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY MyMkvPlayer.com. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. MYMKVPLAYER.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. MYMKVPLAYER.COM MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH THE SERVICE FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. MYMKVPLAYER.COM DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION RECEIVED ON OR THROUGH THE SERVICE WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE OR INAPPROPRIATE. THE INFORMATION AND DATA DELIVERED BY OR RECEIVED FROM USERS ON OR THROUGH THE SERVICE IS NOT REVIEWED, CONTROLLED OR EXAMINED BY MyMkvPlayer.com BEFORE IT APPEARS ON THE WEBSITE. MYMKVPLAYER.COM DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION OR DATA. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF INFORMATION RECEIVED FROM THE SITE AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE USE OR MISUSE THEREOF (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
12. LIMITATION OF LIABILITY
IN NO EVENT WILL MYMKVPLAYER.COM BE LIABLE TO ANY USER OF THE SERVICES OR OTHER PARTY AFFECTED BY THE SERVICE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SERVICE, EVEN IF MyMkvPlayer.com WILL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
13. Disclosures of Your Information
You acknowledge and agree that MyMkvPlayer.com may process information gathered from different Users visiting the Website or using or downloading material from the Service for the purpose of building a profile of User interests and activities. Based on this profile, MyMkvPlayer.com may send you advertisements, offers and content, and provide you with the full benefits of the Service. As we aggregate this type of information about all of our members, we offer aggregated summaries to our advertisers and other interested parties so that they can learn what products and services are most popular to consumers.
European Union Users understand and consent to the processing of personal information in United States.
14. Term & Termination
At MyMkvPlayer.com's request, the User agrees to defend, indemnify and to hold harmless MyMkvPlayer.com, its licensors, officers, directors and employees from any losses, claims and liabilities (including attorney's fees) which may arise from your use of the Service and/or material obtained from or through any Service provided on the Website, or from your breach of these rules. You further agree that MyMkvPlayer.com is not responsible, and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you. Furthermore, MyMkvPlayer.com is not responsible for claims arising from the User's use of the Service or the User's breach of this Agreement, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.
Notices to the User may be made via either email or regular mail. MyMkvPlayer.com may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices generally through the Website.
17. Receipt of Updates and Commercial Material
You agree to receive MyMkvPlayer.com's updated games, commercial offers, advertisement material and news, and realize that your consent to do so is essential to our consent to grant you the license.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to the principles of conflict of laws. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement shall not be released, discharged, changed or modified in any manner, except by instruments signed by duly authorized officers or representatives of each of the parties thereto.
19. Other MyMkvPlayer.com Legal documents
1.1 Advertizers Toolbars
Advertizers Toolbars provides a desktop applications platform which allows publishers to develop, maintain and publish their own applications or software (“Third Party Software”). Third Party Software is a software application including any content, links or materials that are made available to you by the publisher via the Software. Such Third Party Software may be specifically customized by a publisher and may include the publisher's branding or other content owned or licensed to the publisher.
1.2 Your use of any Third Party Software is subject to any terms and conditions provided with such Third Party Software and are not governed by this EULA.
1.3 Advertizers Toolbars does not have any obligation to test Third Party Software and is not responsible for the appropriateness, completeness, stability or legality of any Third Party Software and you hereby waive any legal or equitable rights you have or may have against Advertizers Toolbar with respect thereto.
1.4 As part of the installation process of the Software, advertizers may offer changes to your Internet Browser settings. These changes if approved by you can be reconfigured by you at any time from the options dialog available on your Internet Browser. Such changes may include the following:
1.4.1 The homepage of your Internet Browser
1.4.2 The default search engine in your Internet Browser's built-in search box
1.4.3 The page displayed when opening a new tab
To uninstall the Software, you may use the standard uninstall procedures offered by your computer's Operating System or your Internet Browser.
1.5.1 Uninstall from Internet Explorer – from Windows "Add/Remove Programs" dialog, find the Software in the list of installed applications and click on it, and then click on the "Uninstall" button.
1.5.2 Uninstall from Firefox – from the "Extensions" menu, find the Software in the list of installed extensions and click on it, the click on the "Uninstall" button.
1.6 Third Party Code; Notice and Attribution. The Advertizers Toolbar includes third party software subject to open source license terms, including, without limitation, the following applications: Compression Algorithm, PCRE, Firefox Plug-in Modules, and NSIS Toolkit and Plug-ins. All rights are reserved by the licensors of such code and ownership is attributed as follows:
1.6.1 Firefox Plug-ins: Copyright © 1998 Netscape Communications Corporation. All Rights Reserved.
1.6.2 NSIS Toolkit and Plug-ins: Copyright © 1995 – 2009 Contributors as identified at http://nsis.sourceforge.net/Main_Page Reference to copyright ownership is for attribution purposes only and in no event shall be deemed an endorsement by such owners of the Advertizers Toolbar. You acknowledge and agree that your right to use these publicly available components of the Advertizers Toolbar is governed by the terms applicable to each application (“Other Software Terms”). In the event of any conflict with the express terms of this Agreement and the Other Software Terms, the Other Software Terms of such publicly available license shall control your use of the relevant application. In no event shall the Advertizers Toolbar be deemed “open source” or “publicly available” software.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE Advertizers Toolbar.
THE SOFTWARE (ASIDE FROM THE Advertizers Toolbar FOR FIREFOX) CAN BE UNINSTALLED FROM THE "ADD OR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL.
2 License Grant.
The Advertizers Toolbar is being licensed to you by Advertizers Toolbar on an "AS IS" basis, for your private personal use only. Subject to the terms of this Agreement, Advertizers Toolbar and its current, and future , parent and subsidiary companies (collectively "Licensor", "we", "us" or "our") hereby grants you a limited, non-exclusive, personal, non-sub licensable, non-assignable license to download, install and use the Advertizers Toolbar, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "Advertizers Toolbar") onto a computer for your sole use to install, interact with and utilize the Advertizers Toolbar, including the content and features contained therein and the services and the Network related thereto ("Services"). The Advertizers Toolbar may only be used in connection with the Services. As used herein, the term "Network" means the universe of computers connected to the Internet that are operating the Advertizers Toolbar.
3 License Conditions.
(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Services, Advertizers Toolbar or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Advertizers Toolbar, the Services or the Network; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Advertizers Toolbar or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of MyMkvPlayer.com ; (iv) export or re-export the Advertizers Toolbar in violation of export laws; (v) use the Advertizers Toolbar or Services for any commercial purpose or the benefit of any third party or charge any person for the use of the MyMkvPlayer.com ; or (vi) use the Advertizers Toolbar or Services to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the Network or users of the Advertizers Toolbar or Services by monitoring, interdicting or intercepting any process of the Advertizers Toolbar or the Network; and (viii) use any type of bot, spider virus, worm, clock, software lock ,timer, counter, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, damage , delete or disassemble the Advertizers Toolbar, the Services or the Network. Furthermore, you may not use the Advertizers Toolbar or Services to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, hateful or obscene ; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Advertizers Toolbar or Services, (D) performs any unsolicited commercial activity not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (a real identity, an alias or an online nickname).
4 Permission to Utilize
In order to receive the benefits provided by the Advertizers Toolbar, you hereby grant permission for the Advertizers Toolbar to utilize the processor and bandwidth of your computer, only in order to provide you with the Services that are selected or provided by the Publisher.
MyMkvPlayer.com IS TAKING REASONABLE MESURES IN ATEMPT TO KEEP THE Advertizers Toolbar AND SERVICE SECURE. HOWEVER, LIKE ALL OTHER INTERNET SOFTWARE PROVIDERS, THE SOFTWARE, SERVICE AND SITE MAY STILL BE VULNERABLE TO VARIOUS SECURITY ISSUES AND FOR THAT REASON, SHOULD NOT BE CONSIDERED SECURE. IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU ARE ADVISED NOT TO USE THE Advertizers Toolbar OR SERVICE.
6 Proprietary Rights
The Advertizers Toolbar and Services contain proprietary and confidential information of Advertizers Toolbar, including trade secrets ,copyrights, and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the Advertizers Toolbar, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Advertizers Toolbar and its suppliers, and except for the limited license granted to you, Advertizers Toolbar reserves all right, title and interest in and to the Advertizers Toolbar. You shall not take any action to jeopardize, limit or interfere with Advertizers Toolbar's ownership of and rights with respect to the Advertizers Toolbar and Services. You acknowledge that any unauthorized copying or unauthorized use of the Advertizers Toolbar or Services is a violation of this Agreement and copyright laws and is strictly prohibited.
7 Term; Termination, Amendment.
(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.
(b) You may terminate this Agreement at any time provided you cease all use of the Advertizers Toolbar and Services AND destroy or remove from all hard drives, networks, and other storage media all copies of the Advertizers Toolbar in your possession. MyMkvPlayer.com may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Advertizers Toolbar and/or Services.
8 Installation, Operation and Removal
UPON INSTALLATION, the Advertizers Toolbar will be added to your Internet browser in the form of a toolbar. The toolbar features, widgets and controls are determined by the Publisher. It also provides you with a search box, and easy access to powerful Web search directly from your browser. Advertizers Toolbar for Internet Explorer can be minimized by right clicking the toolbar and selecting it. In addition, you will receive Advertizers Toolbar Search Assistance feature which provides you with relevant search results when you place a search query in the browser address bar (as described above under Search Assistance)
When a user uses one of Advertizers Toolbar search feature to search the Web, the query reaches the publisher servers. As all standard Web pages, besides the keyword query, it includes information such as IP address, default language setting, browser type, and an anonymous unique ID. Advertizers Toolbar uses this information in order to appropriately process your search request and to serve you relevant and better search results. The Advertizers Toolbar sends a configuration request when you start your browser. This request includes only data such as browser type & IP address. In addition, occasionally Advertizers Toolbar 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.
Importantly, all collected information of search queries are recorded on a non-personally identifiable basis and kept strictly anonymous. All search activity information is researched and evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process), and we do not disclose any non-aggregated information to third parties, except as required by a valid legal process such as a search warrant, statute, subpoena, or court order, or to protect someone's safety. Advertizers Toolbar constantly follows activity and usage of the Advertizers Toolbar. By analyzing the aggregated information on usage of our product, Advertizers Toolbar can improve the product and offer you better service.
We gather certain information such as internet protocol (IP) addresses, browser user agent, referring page, date/time stamp and cookies automatically. We use such information to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information to better provide our services. When you visit the MyMkvPlayer.com Web Sites, we may place a small text file-called a "cookie"-on your computer that allows us to improve the quality of our service, and to store your preferences and settings. Importantly, a cookie does not allow us to obtain any personally identifiable information (such as your real name or address) unless you have specifically provided such information when using the Web Sites or the Software. The search feature sends a request to our servers while processing a search query that you have inputted. This request includes the keyword query, source (Toolbar, IE bar, related links, etc…) and all HTTP data transferred automatically by the browser (IP Address, User Agent, Cookies, etc…). We use this information in order to properly process your search request. For example, this data provides us with information on which language you prefer to use and your geographical location. Such information is recorded on a non-personally identifiable basis and is kept strictly anonymous. If any of the Web Sites or the Software is ever sold or all or substantially all of the assets relating to a Web Site or the Software are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this Agreement.
10 Your Representations and Warranties
(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the Advertizers Toolbar and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the Advertizers Toolbar or the Network or to defeat or overcome any encryption and/or other technical protection methods implemented by MyMkvPlayer.com with respect to the MyMkvPlayer.com and/or data transmitted, processed or stored by Advertizers Toolbar or other users of the Advertizers Toolbar, (iv) you will not take any steps to interfere with or in any manner compromise any of Advertizers Toolbar's security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by Advertizers Toolbar, and (vi) you will only use the Advertizers Toolbar and Services on a computer on which such use is authorized by the computer's owner.
(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Advertizers Toolbar, Network or Services, except to remove the Advertizers Toolbar from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the Advertizers Toolbar, Network or Services. MyMkvPlayer.com reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. (c) If MyMkvPlayer.com has reasonable grounds to suspect that your representations, promises or warranties are inaccurate or breached, MyMkvPlayer.com may terminate this license, deny any or all use of the Advertizers Toolbar and/or Services, and pursue any appropriate legal remedies.
If at our request you send content (e.g., postings, contest submissions,surveys, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of MyMkvPlayer.com . None of the Submissions shall be subject to any obligation of confidence on the part of Advertizers Toolbar, and MyMkvPlayer.com shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, MyMkvPlayer.com shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
You agree to indemnify, hold harmless and defend Advertizers Toolbar and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney fees and other dispute resolution expenses) incurred by MyMkvPlayer.com arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the Advertizers Toolbar and/or Services.
13 Links and Search Results.
The Software may provide, or third parties may provide, search results or other links to other World Wide 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 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be 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.
14 Disclaimer of Warranties.
(a) THE Advertizers Toolbar AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MyMkvPlayer.com. EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE Advertizers Toolbar OR SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MyMkvPlayer.com FURTHER DOES NOT REPRESENT OR WARRANT THAT THE MyMkvPlayer.com OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE Advertizers Toolbar AND SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. (c) THE Advertizers Toolbar MAY BE UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO Advertizers Toolbar. YOU AGREE THAT Advertizers Toolbar WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL , INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 13 (a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.
(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 12, some of these exclusions may not apply to you. 15 Limitation of Liability.
(a) IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL Advertizers Toolbar, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS OF ANY TYPE , DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE Advertizers Toolbar OR THE SERVICES, EVEN IF Advertizers Toolbar HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Advertizers Toolbar AND/OR SERVICES IS TO UNINSTALL AND CEASE USE OF SUCH Advertizers Toolbar AND SERVICES.
(c) IN NO EVENT WILL Advertizers Toolbar’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS OR DAMAGES SHALL EXCEED THE LOWER OF (I) AMOUNT Advertizers Toolbar RECEIVED FROM YOU FOR THE LICENSE; OR (II) $100 USD, EVEN IF MyMkvPlayer.com HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
16 Customer Support
MyMkvPlayer.com may, but is not required to, provide you with customer support ("Support"). MyMkvPlayer.com may terminate any Support it provides at any time in its sole discretion.
17 Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled "I ACCEPT" or such similar links as may be designated by MyMkvPlayer.com to download the Advertizers Toolbar to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE Advertizers Toolbar OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. 18 General Provisions.
MyMkvPlayer.com reserves all rights not expressly granted herein. MyMkvPlayer.com may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at MyMkvPlayer.com www.MyMkvPlayer.com.com. Your continued use of the Advertizers Toolbar and/or Services shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and MyMkvPlayer.com. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of Advertizers Toolbar at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of Israel without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Israel and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the Advertizers Toolbar and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. MyMkvPlayer.com may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE Advertizers Toolbar, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Advertizers Toolbar THE RIGHTS SET FORTH HEREIN.
Updated as on - August 15 - 2015