[Last modified: June 25, 2017]
By installing the extension or otherwise using the Service you acknowledge that you have read, understood and agreed to be bound by these Terms and to comply with all applicable laws and regulations regarding your use of the Service. You accept the Terms by simply using the Service. You further acknowledge that these Terms constitute a binding and enforceable legal contract which further enforces class action waiver and arbitration provisions as detailed in the dispute resolution section herein. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT DOWNLOAD, INSTALL THE EXTENSION OR USE THE SERVICES IN ANY MANNER.
Custom Google™ Background, which is part of the SimilarWeb product family, is a product for users that wish to personalize their browsing experience by creating customized homepage backgrounds, solely for personal non-commercial use. Our extension and Service enables you to personalize and customized backgrounds available through the extension, for your own non-commercial use which may be used solely on your own device and browser.
Subject to the terms herein, we hereby grant you a personal, limited, non-exclusive and non-transferable right to download, add to your browser, access, install and use the extension or Services for your own personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service. We reserve all right, title and interest not expressly granted herein under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you herein, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms is void. The Company shall retain ownership in and to the extension and Services. Other than as explicitly set forth in these Terms, you are not granted any right or ownership including any copyright, trademark and other intellectual property rights to the extension, Service or any part thereof.
You shall not agree, nor shall you authorize or encourage any third party, to: (i) access the Service by any automated means, including scraping, crawling, data-mining, or using any robot, spider, or any other automatic device; (ii) disrupt, disable, overburden, damage, modify or interfere with the Service or otherwise impair or degrade its performance in any way (iii) impede or interfere with other use of the extension and Service; (iv) sublicense, redistribute, sell, lease, lend or rent the extension or Service; (v) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the extension or Service; (vi) alter or modify any part of the extension or Service for any purpose or use; (vii) use the extension or Service for any commercial use unless you obtain Company’s prior written approval; (vii) use Company’s name, logo or trademarks without Company’s prior written consent; or (ix) use the Service to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms. Any use of the services not specifically permitted under these terms is strictly prohibited and may result, at company’s sole discretion, in the suspension or termination of your access to the service.
The Company has a clear copyright policy in relation to any content, including user generated content (“UGC”), backgrounds and images uploaded by you, which allegedly infringes the copyrights of a third parties (“Copyright Policy”). Our Copyright Policy incorporates the Digital Millennium Copyright Act (“DMCA”) and we have registered and appointed a Designated Agent for copyright takedown notices.
If you believe any of the content available through the Service infringes your intellectual property rights owned by you or by any third party on whose behalf you are authorized to act, you may submit a copyright infringement notification using our copyright notice form available at: userstyles.org/copyright-notice (“Complaint”).
The Complaint must include the following information:
(a) Identification of the work or material claimed as being infringing the intellectual property rights of you or a person on whose behalf you are authorized to act (it is recommended to add screenshots or direct links), including its location, with sufficient detail so that the Company will be able to find it and verify its existence.
(b) Your contact information, including name, address, telephone number, and email address.
(c) A statement that you have a good faith belief that the alleged infringing UGC is not authorized by the copyright owner, its agent or law.
(d) A statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright/intellectual property owner.
(e) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright/intellectual property that has allegedly been infringed.
Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the form. Please remember by submitting a Compliant you will be initiating a legal process, hence, please do not make any false claims. The Copyright Policy protects our right to remove any infringing content from our Service in the event we receive a valid Complaint regarding the aforesaid infringement. In addition, the Company will terminate a user’s access to the Service if the user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
Children under 13 are prohibited from using the Service. In the event that we become aware that a user under the age of 13 has shared any information, we will discard such information. If you have any reason to believe that a child under the age of 13 has shared any information with us, please contact us at: firstname.lastname@example.org. If you are under 18, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND ANY CONTENT THEREOF ARE PROVIDED “AS IS” OR “”AS AVAILABLE” AND YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE SERVICES, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICES AND DISABLE OR REMOVE THE EXTENSION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITH OR WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Services or to any matter governed by these Terms. The user is solely responsible for his or her actions when using the Service.
At any time, you may stop using the Service by removing the extension from your browser or disabling the extension through your browser’s settings. We reserve the right, at any time, to: (i) discontinue, terminate, suspend or modify any aspect of the Service; or (ii) terminate these Terms and your use of the Service with or without cause, and we shall not be liable to you or any third party for any of the foregoing. These Terms will automatically terminate if you fail to comply with any of their requirements. Upon any termination, you agree to stop using the Service and remove the extension from your browser.
For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these Terms, unless otherwise required by law, to resolve any claim, dispute or controversy arising out of or in connection with or relating to these Terms exclusively by binding arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This agreement to arbitrate will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. Any action at law or in equity relating to the arbitration provision of these Terms shall be brought exclusively in a state or federal court located in New York, New York and for such purpose you submit to the personal jurisdiction of such courts. Any cause of action you might have relating to the Service may be brought no later than one (1) year from the date the incident arose, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.
You may not assign your rights or obligations under these Terms without the Company’s prior written consent. The parties hereto are and shall remain independent contractors, and nothing herein shall be deemed to create any agency, partnership or joint-venture relationship between the parties. Neither party shall be deemed to be an employee or legal representative of the other, nor shall either party have any right or authority to create any obligation on behalf of the other party. The Company shall not be deemed in breach of these Terms if the Company is unable to complete the Services or any portion thereof by reason of earthquake, labor dispute, shortages, riots, insurrection, fires, flood, storm, explosions, Internet outages or any act of God or any local, state, federal, national or international law, governmental order or regulation or any other event beyond the Company’s control.