BROWSER EXTENSION END USER LICENSE AGREEMENT IMPORTANT
- READ CAREFULY THE FOLLOWING BROWSER EXTENSION END USER LICENSE AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING THE LICENSED BROWSER EXTENSION ("BROWSER EXTENSION"). BY CLICKING THE "I AGREE" BUTTON (OR ANY SIMILAR BUTTON), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON (OR ANY SIMILAR BUTTON) AND THE INSTALLATION PROCESS WILL NOT BEGIN, OR DO NOT USE OR INSTALL THE BROWSER EXTENSION. DO NOT SELECT "I AGREE" OR INSTALL OR USE THE BROWSER EXTENSION UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD, AND AGREED TO THIS AGREEMENT. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION, WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NONELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. THE TERMS OF THIS AGREEMENT CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU, OR THE COMPANY ON WHOSE BEHALF YOUR ARE INSTALLING THE BROWSER EXTENSION, ("YOU") AND THE DEVELOPER OF SUCH BROWSER EXTENSION ("Mingle Cash”) WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS.
- BROWSER EXTENSION: shall mean and include the extension system, which is installed on the browser of the user.
- MINGLE CASH: shall mean the developer of the Browser extension.
- USER: Shall mean and include the end user who would be using the Browser extension services from Mingle Cash.
Mingle Cash grants you a non-transferable, non-exclusive, non-sublicensable, royaltyfree and fully paid, worldwide right and license to reproduce (solely to install and execute) the Browser Extension on your computers and phones, in executable object code format only, for your personal, non-commercial use only, subject to the terms and conditions of this Browser Extension License. You are permitted to download the Browser Extension multiple times in order to install the Browser Extension on multiple computers, provided that you agree to the terms and conditions of this Browser Extension License each time you download the Browser Extension.
3. EXTENSION SERVICES
Upon the installation of the extension on your browser you will see pop ads, native ads, interstitial ads and display ads on websites that you browse. Mingle Cash gives you the ability of earning money by making referrals which is elaborated in detailed in our FAQ (minglecash.com/faq)
You may not modify, make derivative works of, copy, reproduce, publish, or reverse engineer the Browser Extension, except in the case of reverse engineering, only to the extent required by applicable law. You may not license, sell, transfer, distribute, rent, lease or otherwise transfer or exploit rights to the Browser Extension. You may not use the Browser Extension in any manner that could damage, disable, overburden or impair the Mingle Cash extension system ("Mingle Cash"), nor may you use the Browser Extension in any manner that could interfere with any other party's use and enjoyment of the extension system. You agree that you will use the Browser Extension for lawful purposes and only in compliance with all applicable laws, including but not limited tao copyright and other intellectual property laws. Your right to use the Browser Extension will terminate immediately if you violate any provision of this Browser Extension License. Upon termination, you may no longer use the Browser Extension.
5. INTELLECTUAL PROPERTY
The Browser Extension is licensed, not sold. You acknowledge that Mingle Cash and its licensors and content and service providers own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the Browser Extension, portions thereof, or software provided through or in conjunction with the Browser Extension. "Intellectual Property Rights" means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree not to remove, obscure, or alter Mingle Cash’s copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Browser Extension. All rights not expressly granted to you are reserved by Mingle Cash or its suppliers.
6. TERM AND TERMINATION
The license is effective until terminated by you or by Mingle Cash. This license may also be automatically terminated upon termination of applicable Mingle Cash’s license/s by its Licensors. Your rights under these Terms will terminate automatically without notice from Mingle Cash if you fail to comply with any term(s) of these Terms. Upon termination of the licenses granted hereunder, you shall cease all use of the licensed Browser Extension and destroy all copies, full or partial, of the licensed Browser Extension. The provisions in the paragraphs above labeled LICENSE, RESTRICTIONS, INTELLECTUAL PROPERTY; COPYRIGHT PROTECTION, AUTOMATIC UPDATES, TERM AND TERMINATION, NOTIFICATIONS, THIRD-PARTY MATERIALS,WARRANTY DISCLAIMER,LIMITATION OF LIABILITY, RESOLUTION FOR DISPUTES, LAW AND FORUM FOR DISPUTES and MISCELLANEOUS will survive any termination of these Terms.
7. NOTIFICATIONS, THIRD-PARTY MATERIALS
The Browser Extension may enable access to third-party services and websites ("External Services"). In addition, you acknowledge that Licensors may use certain features and/or monetization tools that display certain information and content to you while using the Browser Extensions including without limitation systems updates, service announcements, administrative messages regarding the service, sponsored messages, photographs, graphics and information about the Browser Extensions. You understand that by using the Browser Extension and/or any of the External Services, you may be exposed to content from a variety of sources, and that neither Mingle Cash nor Licensors are responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Mingle Cash or Licensors with respect thereto. You will be able to opt out of receiving advertisements.
8. WARRANTY DISCLAIMER
Mingle Cash and the Mingle Cash Licensors disclaim any responsibility for harm resulting from your use of the Browser Extension. The Browser Extension is provided "as is," with no warranties whatsoever. Mingle Cash and the Mingle Cash Licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and noninfringement of proprietary rights. Mingle Cash and the Mingle Cash Licensors disclaim any warranties regarding the security, reliability, timeliness and performance of the Browser Extension. You understand and agree that you download and use the Browser Extension at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the Browser Extension. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
9. LIMITATION OF LIABILITY
Under no circumstances shall Mingle Cash or the Mingle Cash Licensors be liable to any user on account of that user's use or misuse of the Browser Extension. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if Mingle Cash or the Mingle Cash Licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Browser Extension, from the performance or misperformance of the Browser Extension, from inability to use the Browser Extension, or from the interruption, suspension or termination of the Browser Extension (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Mingle Cash's aggregate cumulative liability under this Browser Extension License shall not exceed the amounts paid by you for the Browser Extension (if any).
You agree to indemnify and hold harmless Mingle Cash, the Mingle Cash licensors and their subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any liability, cost, expense, or claim or demand made by any third party, due to or arising directly or indirectly out of your conduct or in connection with your use of the Browser Extension or its features, any alleged violation of this Browser Extension License, or any alleged violation of any applicable law or regulation. Mingle Cash and the Mingle Cash licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
11. SOFTWARE AND POLICY UPDATES
This Browser Extension License may be amended by Mingle Cash from time to time, upon notice to you, which may be sent by email or posted on the Website. Your continued use of the Browser Extension after that time shall constitute your acceptance of the amended Browser Extension License. Mingle Cash may automatically update or modify the Browser Extension from time to time at its discretion. You may not be able to use the Website or other services offered on the Website if you do not have the latest version of or updates for the Browser Extension installed.
12. PRIVACY AND OTHER USER AGREEMENTS
13. EXPORT CONTROLS
You acknowledge that the Browser Extension may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Browser Extension as well as end-user, end-use and destination restrictions issued by national governments.
14. SUSPENSION AND TERMINATION OF ACCOUNTS
15. FORCE MAJEURE
Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this Contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, vendors, or products; acts of God or of the public enemy; Croatia or foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.
16. FOREIGN JURISDICTION
The services of Mingle Cash are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify Mingle Cash associated or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so.
17. RELATION OF THE PARTIES
The performance by Mingle Cash of its duties and obligations under this Agreement will be that of an independent contractor, and nothing in this Agreement will create or imply an agency relationship between Mingle Cash and user, nor will this Agreement be deemed to constitute a joint venture or partnership between the parties.
18. RESOLUTION OF DISPUTES
If a dispute arises between you and Mingle Cash, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Mingle Cash agree that we will resolve any claim or controversy at law or equity that arises out of this Browser Extension License or our services (a "Claim") in accordance with one of the paragraphs below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Support page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
19. GOVERNING LAWS AND JURISDICTION
This Browser Extension License shall be governed in all respects by the laws of Croatia without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Mingle Cash must be resolved by a court located in Split, Croatia, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Delaware, USA for the purpose of litigating all such claims or disputes.
20. ARBITRATION OPTION
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $50,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
21. IMPROPERLY FILED CLAIMS
All claims must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Mingle Cash may recover attorneys' fees and costs up to $1,000, provided that Mingle Cash has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
22. MISCELLANEOUS PROVISIONS
23. ELECTRONIC AGREEMENT
You understand and agree that we transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an email to the address that you have provided to us, or by posting a notice on the appropriate Web page. By using our service or registering with us, you represent that you have the necessary equipment, software and Internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative acts of either (i) accessing and using our extension installer, and/or (ii) registering with us, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these Terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.