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iLivid.com Welcome to iLivid.com, and thank you for trying out the iLivid.com software. END USER LICENSE / TERMS OF SERVICE AGREEMENT IMPORTANT NOTICE - PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFUL LY. THEY SHALL GOVERN YOUR USE OF THE iLivid.COM S SOFTWARE, SERVICE AND SITE. IF , AFTER READING THESE TERMS AND CONDITIONS OF USE, YOU WISH TO USE THE SERVICE A ND SOFTWARE PLEASE INDICATE YOUR ACCEPTANCE HEREOF BY CLICKING "I AGREE" AT THE END. 1. TERMS AND CONDITIONS OF USE The iLivid Player application and the iLivid Toolbar with respect to all product versions and version updates until further notice, the iLivid Toolbar, as defin ed herein below, and any accompanying product and/or feature and/or addition the reof (together, the "Service") and the software enabling the use thereof (the "S oftware"), are provided by iLivid.com and/or its affiliates and subsidiaries (co llectively "iLivid.com" or "we") to you ("you" or "your") and others who use the Service and Software (collectively "User" or "Users"), subject to these terms a nd conditions of use and all modifications thereto including all rules that may be published from time to time by iLivid.com ("Terms and Conditions" or "Agreeme nt"). This Agreement shall also govern your use of the Site currently located at www. iLivid.com (the "Site"). 1.1 GENERAL TERMS OF USE Your use of the Software, Service, and Site, including any content and software contained therein, signifies your understanding and agreement that such use is e ntirely at your own risk. You agree to use the Software, Service and Site solely for your personal use. The Service is provided to any user who agrees to be bound to this Agreement and by additional terms that shall be added by iLivid.com from time to time. You agree not to transfer or resell the Service or Software, in whole or in part , to any third party, or allow unauthorized access to the Service or Software, b y any third party. 1.2 CHANGES IN TERMS AND CONDITIONS OF USE iLivid.com may change these Terms and Conditions from time to time and at any ti me, with or without a release of a new version of the Software, and without actu al notice to you. All such changes to this Agreement will appear on the Site. iL ivid.com may provide additional notice of such changes by providing a link from the Service to the Site. You agree that your continuing to use the Software, Ser vice and/or Site for a period of thirty (30) days after such notice has been pos ted on the Site for the first time shall constitute your consent to the new or r evised set of Terms and Conditions. 2. YOUR ACCESS You are responsible for obtaining and maintaining the equipment and services nec essary to access and use the Software, Site and Service and for any telephone ch arges associated with connecting to the Internet to use the Service. 3. AUTHORIZED PERSONS You are responsible and liable for any activity by any person who uses the Servi ce through your user name and password. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password.
4. SOFTWARE LIMITED LICENSE AND USE POLICY The Software that will enable you to use the Service may have been downloaded fr om the Site or another authorized web site. If you have downloaded the iLivid Pl ayer - you acknowledge that no payment was made by you for the Software, regardl ess of the method of delivery, and if payments were made, they were made for oth er equipment, products or services and not for the Software. To ensure the prope r functionality and security of the Service always make sure you are using a cur rent and authorized copy of the Software. The Software is being licensed to you by iLivid.com on an "AS IS" basis, for you r private personal use only. Except as expressly permitted hereunder, you agree not to extract or harvest any information from any portion of the Service, inclu ding without limitation, from any User Profile, or any other portion of the Serv ice or the Site, or to reverse engineer, decompile, disassemble, alter, duplicat e, make copies of, distribute or provide others with the Software, the iLivid Pl ayer communications protocols or any information available on, derived or extrac ted from the Service or any part of the foregoing. iLivid.com may, at its sole discretion, limit, deny, or create different levels of use for different users, or cancel some or all of the functionality of the So ftware or the Service at any time, without prior notice. 5. INSTALLATION 5.1. During the installation process of the Software, one icon shall be placed a t your desktop - for launching the Software. These desktop icons can be easily r emoved from the desktop at any time by selecting them and pressing the Delete butt on on your keyboard. 5.2. During the installation process iLivid.com will offer you to approve iLivid .com s search service as your default search service and to install the iLivid Too lbar in your existing browsers. You can choose not to accept these changes by ca ncelling the installation process. The installation process will continue only a fter approving this user license agreement, hence, by approving theses changes. 5.3. iLivid.com may change from time to time, without noticing you: (1) the cont ent, design or layout of the iLivid Toolbar, iLivid Player; and/or (2) the searc h service provider to other search service provider. 5.4. You may uninstall the Software anytime by using Add or Remove Programs dialog under the Control Panel. iLivid Player uninstall process will not change your d efault search provider and the installation of the iLivid Toolbar. You may remov e the iLivid search provider and iLivid toolbar on both Internet Explore and Fir eFox in any time by using the browser s settings. For further information please read: http://www.iLivid.com/articles/search_provider_instructions.php 5.5 iLivid combines video and compression abilities by using 3rd parties open so urce code. iLivid uses VLC Media Player and 7zip which are under the GNU license, the sourc e code is available in the following sites: VLC - www.videolan.org/vlc 7zip - www.7-zip.org 5.5 During the installation process, after user accepts the terms and conditions the installer will send non personal statistics as follows: iLivid installer and applications will track and send statistical information us ing the internet. The gathered data is for statistical purposes only. No persona l user data is tracked. The gathered data includes but not limited to Tracking c omputer unique identifier. Tracking the installation progress. Tracking browser toolbar was loaded or toolbar buttons clicked. Tracking application usage such a s but not limited to application started, download started, download complete et
c. In addition user may approve gather of private statistics. In such case the appl ication and the toolbar will gather information of the video links used by the t oolbar and the application. the information gathered in order to enhance support of non functional operations. 6. PRIVACY STATEMENT This statement applies to iLivid.com information collection and use policies wit h respect to use of the Site and Service. Amendments to this statement will be p osted at this URL and will be effective when posted. Your continued use of this Site or the Service following the posting of any amendment, modification or chan ge to this statement shall constitute your acceptance thereof. 6.1 THE SITE We do not request nor collect any personal information from Users who simply vis it the Site. 6.2 THE SERVICE The Service allows Users to download and watch video files compressed by RAR com pression with no need for waiting to the end of the download. The tool bar suppl y a search service and an ability to detect files links for download automatical ly (instead of copying the files manually by the user). iLivid.com don t collect a ny user s private information as username or password for any 3rd party (Files hos ters companies) which specified by the user. iLivid.com isn t connected in any way to the video files which will be downloaded, do not supply these files and isn t neither familiar nor responsible to their content or copyrights in any way. 6.3 OUR USE OF THE INFORMATION YOU PROVIDE iLivid player use the user names and passwords which are specified by the user o nly for establishing the download process. No other use regarding this informati on will be done and the information will not be stored by iLivid.com servers in any way. The passwords are stored locally on the user computer ( registry ) . th e locally saved password may not be encrypted. User can choose not to save the p assword locally, or delete the saved passwords at any time. iLivid.com will not be responsible in any way to loss or abuse of user passwords. 6.4 NON- PERSONALLY IDENTIFIABLE INFORMATION iLivid installer applications and toolbars will track and send statistical infor mation using the internet. The gathered data is for statistical purposes only. N o personal user data is tracked. The gathered data includes but not limited to T racking computer unique identifier. Tracking the installation progress. Tracking browser toolbar was loaded or toolbar buttons clicked. Tracking application usa ge such as but not limited to application started, download started, download co mplete etc. In addition user may approve gather of private statistics. In such case the appl ication and the toolbar will gather information of the video links used by the t oolbar and the application. the information gathered in order to enhance support of non functional operations. iLivid.com will use certain non-personally identifiable information provided by Users for the following purposes: a) To create, aggregate non-personal demographic reports about the Users of the Service. b) Provide Users with certain content that may be of interest to that User based on the information the User provides.
6.5 COMPUTER SETTINGS iLivid.com may collect settings, technical and other information from Users' com puters, such as a computer's operating system, iLivid Player versions and browse r versions used, connectivity, various communication parameters and other inform ation related to the operation and interaction of the Software, subject to the p rovisions herein. This information will neither contain nor be linked to any per sonally identifiable information. 6.6 IP ADDRESSES An Internet Protocol address is a number that's automatically assigned to a comp uter when using the Internet. Web servers can automatically identify individual computers by their IP address. iLivid.com may collect IP addresses to: a) Facilitate system administration; b) Diagnose system problems; iLivid.com does not link IP addresses to any personally identifiable information , even if such information is voluntarily provided by a User. 7. PROPER USE You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) prevent others from using the Service; (ii) use the Service for any fraudulent or inappropriate purpose; or (iii) act in any way that violates the Service poli cies, as may be revised from time to time. 8. ADVERTISEMENTS
iLivid.com uses the services of a third party company to help it measure the eff ectiveness of its advertising and how visitors use this Site. To do this, iLivid .com uses Web beacons and cookies provided by a third party company on the Site. The type of information iLivid.com collects includes the pages visited, the pro duct codes and prices that visitors purchase and coupons that were used during p urchase. We may use an outside advertising company to display advertisements on the Site and Service. These ads may contain cookies. The advertisement company may collec t cookies received with outside ad banners. We do not have access to information that would confirm the use of cookies by the advertising company. 9. INTELLECTUAL PROPERTY RIGHTS As between iLivid.com and you, iLivid.com is the sole owner of the Software, Ser vice, and Site, including without limitation, all applicable U.S. and non-U.S. c opyrights, patents, trademarks, and trade secrets, and other intellectual proper ty rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Service or Site or any po rtion thereof, for any purpose. All title and intellectual property rights in an d to the content of any third party web site which may be linked to or viewed in connection with the Service is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws an d treaties. This Agreement grants you no rights to use such content except as al lowed by such third party. 10. DISCLAIMER OF WARRANTIES
THE SOFTWARE, SERVICE AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREG OING, iLivid SPECIFICALLY DISCLAIMS, FOR THE AVOIDANCE OF DOUBT (ON BEHALF OF iL ivid.COM, ITS SUBS, AND ITS AFFILIATES) OFANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECUR ITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE, SERVICE OR SITE ; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF M ERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE, SERVICE OR SITE, INCLUD ING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSIO N, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS T O, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIG ENCE, OR UNDER ANY OTHER CAUSE OF ACTION. iLivid.COM DOES NOT WARRANT OR GUARANT EE THAT (1) ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVE LS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR TH E SERVICE, AND THAT (2) THE FUNCTIONS OR SERVICES PERFORMED BY iLivid.COM (AND F OR LIMITATION OF DOUBT, ITS AFFILIATES), WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM. 11. LIMITATION OF LIABILITY IN NO EVENT WILL iLivid.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILI ATES, , SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRE CT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT L IMITED 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 IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABIL ITY TO USE THE SITE, SOFTWARE, OR SERVICE, EVEN IF iLivid.COM SHALL HAVE BEEN AD VISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO E RRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTH ER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE OR BY THE SITE. BEC AUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION O F LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICT IONS, iLivid.COM S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PAREN TS, AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVE NT WILL iLivid.COM S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARE NTS, AND AFFILIATES)WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEED T HE HIGHER OF (I) ONE HUNDRED ($100) U.S. DOLLARS, OR (II) THE ACTUAL CONSIDERATI ON RECEIVED BY iLivid.COM FOR THE USE OF THE SOFTWARE AND SERVICE. 12. INDEMNIFICATION By agreeing to use the Software, Service and/or Site, you agree to defend, indem nify and hold iLivid.com, its affiliates, officers, directors and employees harm less from any and all claims, liabilities, costs and expenses, including reasona ble attorneys' fees, arising in any way from your use of the Service or Site or the creation, the placement or transmission of any message, information, softwar e or other materials through the Service by you or users authorized by You or re lated to any violation of these Terms and Conditions by You or any user authoriz ed by you. 13. CANCELLATION AND TERMINATION iLivid.com may, at its sole discretion, terminate the Service, permanently or te
mporarily, at any time and without cause. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, in demnities, warranty disclaimers, and limitations of liability. 14. PROVISIONS UNENFORCEABLE OR INVALID If any part of this agreement is held invalid or unenforceable, that portion sha ll be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 15. ASSIGNMENT You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. iLivid.com may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obl igations under this agreement to a subsidiary, affiliate, or successor thereof o r to any third party whatsoever, without notifying you or receiving your consent . Version: 1.2
Published: January 9, 2010
