Pogline
This End User Licence Agreement ("EULA") governs your use of our Product (as defined herein), including any modifications, updates, upgrades, new releases and related documentation, and us.
Accept the terms of the EULA
Please read this End User Licence Agreement carefully before installing or using our product and any of its features. This EULA, together with our Privacy Policy, constitutes a legally binding agreement between us and you. By clicking the "ACCEPT" or "ADD" (or similar) button and installing our Product, you acknowledge that you have read, understood and agree to be bound by this EULA. The Dispute Resolution section of this EULA also includes the class action waiver and arbitration provision. Therefore, if you do not agree to any of the terms of this EULA, or if applicable law prevents you from accepting this EULA, you may not use our Product.
Amendments
We may change this EULA at any time without notice and in our sole discretion. We will use reasonable efforts to notify you of any material changes in a manner we deem appropriate. Any changes we make will be effective from the "Last Modified" date shown above, and your use of our Product after that date will constitute your acceptance and consent to the revised terms.
Eligibility and age restrictions
You represent and warrant that you have the authority to enter into this EULA. No authority, court order or law shall prevent you from entering into this Agreement while acting on behalf of the Company. You have full authority to enter into this EULA. You represent that you are of legal age to enter into this EULA and that you are at least thirteen years of age if you are in the United States or at least sixteen years of age if you are in the EU. If you live outside these areas, you must be older than what is defined as a "child" under the applicable law. We reserve the right to request proof of age at any time to ensure that minors (as defined by applicable law) are not using our products. If you are under 18, please ensure that you read this EULA with your parents or legal guardian.
Scope of services
Our browser add-on, which you can install, blocks a range of ads including video ads, interstitial ads, floating ads, pop-ups, banners and text ads. Please note that we don't own, develop, control, monitor or review the content of the ads or the websites that display them.
Licences and intellectual property rights
Subject to your compliance with this EULA, we hereby grant you a personal, non-commercial, limited, revocable, non-transferable, non-sublicensable and non-exclusive right and licence to use, access, download and install our Product. Except for the limited licence granted herein, we reserve all rights and interests in and to our Product, including all trademarks, service marks, components, code, protocols, software and documentation, and any derivative works thereof or improvements and modifications displayed on or embodied in our Product, which are our property or the property of our licensors and are protected by international copyright, trademark, patent and other proprietary rights and laws. You may not use, delete, alter or remove any copyright, trademark or other proprietary rights notices embodied in our Product. We reserve the right to disable access to the Product for anyone who uses it to infringe intellectual property rights.
Warranties and guarantees
You hereby confirm that you are the owner or authorised user of the device on which the Product is installed. You will install and use the Product only in accordance with our instructions and you will ensure full compliance with all relevant laws, rules and regulations when using the Product.
Restrictions of use
Except as provided in this EULA, you may not, and you may not permit anyone else, directly or indirectly, to copy, share, distribute, rent, lease or offer for resale the licence granted herein. In addition, you may not bypass, disable or otherwise interfere with the security features of the Product or interfere with other users' use of the Product. You may not copy, modify, decompile, disassemble, create derivative works of, or reverse engineer the Product or any part thereof, including any source code. - You may not use any automated devices, such as spiders, robots or data mining techniques, to catalogue, download, store, reproduce or distribute the content provided within the Product, or manipulate the Product in any way. In addition, you may not use our name, logo or trademarks without our prior written consent. In addition, the Product may not be used for any fraudulent, unlawful or improper purpose, such as infringing or misappropriating any intellectual property rights, violating the privacy rights of any third party or breaching this EULA.
Warranty disclaimer
The Product is provided on an "AS IS" and "AS AVAILABLE" basis and we expressly disclaim all warranties, express or implied, with respect to our Product. We cannot guarantee that our Product will always be available, secure or free from viruses, worms or other harmful components or software limitations. Please be aware that any reliance you place on our product or its contents is entirely at your own risk. We are not responsible for any harm that may result from the use of our product, including loss of data or damage to your device. We do not warrant that we will correct any errors, omissions or exclusions.
Limitation of liability
In no event shall we be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including but not limited to, damages for lost profits, lost business or opportunity, goodwill or other intangible losses (even if we have been advised of the possibility of such damages), or any other damages arising out of or in connection with this EULA or your use of or inability to use our product. Some jurisdictions do not allow the exclusion or limitation of liability for damages. In such jurisdictions, our liability is limited to the extent permitted by law.
Reimbursement of losses
You agree to indemnify, defend and hold us harmless from and against any and all claims, damages, losses, liabilities, obligations, costs, debts and expenses (including legal fees) arising out of your use of our product or any breach of this EULA.
Termination EULA
This agreement is effective upon installation or first use of our product. Either you or we may terminate this Agreement at any time. We may terminate this Agreement immediately, without further action or notice, with or without cause. You may stop using our Product at any time and for any reason by uninstalling and discontinuing use of our Product. To uninstall the Product, please use the standard uninstall procedures provided in your browser's settings and remove the extension. Please note that any termination, whether initiated by us or by the User, may result in the destruction of data associated with the User's use of our Product. The Company accepts no responsibility for any termination, suspension or deletion of the User's access to the Product or any of its components.
Updates and changes to our product
We reserve the right to change the features and functions of our product at any time and at our discretion without notice. Upon installation of the Product, the software will periodically interface with our servers to request automatic updates to filtering algorithms and behaviour. By using the Product, you consent to the automatic downloading and installation of these behavioural and filtering algorithm updates without prior notice. These updates are intended to improve and develop the Product through bug fixes, updated features, new software modules and completely new versions. By using the Product, you agree to receive these updates. However, we are under no obligation to provide any additional features, functionality, updates or bug fixes. If the Product does not meet your expectations, your only option is to stop using it and uninstall it.
Dispute Resolution
If you have a disagreement with us, you must first contact us at [email protected] and attempt to resolve the issue with us informally. If we are unable to reach an informal agreement with you, we agree to settle any claim, dispute or controversy arising out of or relating to this EULA by binding and exclusive arbitration before the American Arbitration Association ("AAA"), unless otherwise required by mandatory law. All claims must be brought in your individual capacity as a party and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate the claims of more than one person. By entering into this EULA, you and we each agree to waive any right to a jury trial or to participate in a class action. If you wish to waive this arbitration provision, you must refuse to use our product. This arbitration agreement will survive the termination of this EULA. This EULA shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. It will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if any. With respect to any claim at law or in equity arising under the arbitration provision of this EULA, you agree to submit any such dispute to the exclusive jurisdiction of a state or federal court located in New York, Manhattan, and to the personal jurisdiction of the courts located in New York County for the purpose of resolving any such dispute. Your right to bring any legal action relating to the Product is limited to one month from the date of occurrence, after which time it is forever barred.
Miscellaneous
This End User Licence Agreement (EULA) constitutes the entire and exclusive agreement between the parties with respect to the use of our product. If any provision of this EULA is held to be unenforceable, that provision shall be deemed modified only to the extent necessary to make it enforceable, and such modification shall not affect the enforceability of the provision in other instances or the validity of the remaining provisions of this EULA. Failure to enforce our rights or take action for breach of this EULA does not constitute a waiver of such rights or preclude future action. You may not assign this EULA or any of the rights granted herein without our written consent. We reserve the right to assign our rights under this EULA to any third party at our discretion.