TERMS OF SERVICE

Last updated: October 25, 2016

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.myprivacyswitch.com website (the "Service") operated by Plasko Interactive Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms then you do not have permission to access the Service.

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Plasko Interactive Inc and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Plasko Interactive Inc

 

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Plasko Interactive Inc. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Plasko Interactive Inc 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 third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Indemnification

You agree to defend, indemnify and hold harmless Plasko Interactive Inc, its parent companies, sister companies, subsidiaries, licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

 

Limitation Of Liability

IN NO EVENT SHALL PLASKO INTERACTIVE INC, NOR ITS PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, WE ARE FOUND LIABLE UNDER ANY THEORY, OUR LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SERVICE, AND YOUR EXCLUSIVE REMEDY, WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100.

 

 

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. PLASKO INTERACTIVE INC, ITS PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations above not apply to you.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

 

Venue For Disputes

All claims arising out of or relating to these Terms or the Service will be litigated exclusively in the federal or state courts of San Diego County, California, USA, and you and Plasko Interactive Inc consent to personal jurisdiction in those courts.

 

No Waiver, Severability, Entire Agreement

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will post a notice on the www.myprivacyswitch.com website. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

If you have any questions about these Terms, please e-mail us at support@myprivacyswitch.com.

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IMPORTANT - READ THESE TERMS OF USE. THIS AGREEMENT CONTAINS THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THIS PROVISION FORMS AN ESSENTIAL BASIS OF OUR AGREEMENT.

 

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.myprivacyswitch.com website and extension (collectively the "Service") operated by plasko interactive Ltd. ("us", "we", or "our").

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. We grant you a limited license to install and use the Service with any updates or upgrades that may become available.  We make no representations that the Service is appropriate for use in your location. You are responsible for compliance with local laws while using the Service. The Service is directed for use by adults only. By using or installing the Service, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Service, and that you agree to comply with all applicable laws, rules and regulations.  If you disagree with any part of these Terms then you do not have permission to use, access or install the Service.

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of plasko interactive Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of plasko interactive Ltd.

 

License

In exchange for your agreeance with these Terms, the we grant you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Service solely for your own personal and non-commercial use, in accordance with these Terms. The Service is protected by copyright, trademark and other laws, and as between you and us, the we own and retains all right, title and interest in and to the Service at all times. Except as expressly permitted by us, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use the Service or any portion thereof.  You agree not to do any of the following with respect to the Service:

 

  1. Use the Service in any manner that is inconsistent with these Terms or any applicable laws, rules or regulations;
  2. Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies;
  3. Use the Service for any commercial purpose or gain whatsoever;
  4. Modify the Service;
  5. Reverse engineer or create any works or materials derived from the Service;
  6. Harass or harm another person;
  7. Send, post, transmit or link to any content that is violent, threatening, defamatory, harmful, discriminatory, obscene, pornographic, false, misleading, tortious or unlawful;
  8. Impersonate or attempt to impersonate any person or entity;
  9. Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights;
  10. Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs to any environment;
  11. Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Service or any of our or third party servers, networks or accounts; or
  12. Circumvent or modify any technology or mechanism used in connection with the Service, including any mechanisms used to restrict access.

 

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by plasko interactive Ltd. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that plasko interactive Ltd. 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 third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Indemnification

You agree to defend, indemnify and hold harmless plasko interactive Ltd., its parent companies, sister companies, subsidiaries, licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

 

Limitation Of Liability

IN NO EVENT SHALL PLASKO INTERACTIVE LTD., NOR ITS PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, WE ARE FOUND LIABLE UNDER ANY THEORY, OUR LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SERVICE, AND YOUR EXCLUSIVE REMEDY, WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100 (WITH THE EXCEPTION OF ANY REIMBURSEABLE ARBITRATION FEES DISCUSSED BELOW).

 

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. PLASKO INTERACTIVE LTD., ITS PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,  OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; D) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE; OR E) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE SERVICE. IF THE SERVICEOR ANY DATA ACCESSED VIA THE EXTENSION OR WEBSITE PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGES.  Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations above not apply to you.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

 

Predispute Notification and Mediation

These Terms provide for final, binding arbitration of all disputed claims (discussed immediately below). We and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to us briefly summarizing the claim and the request for relief to the following email address: support@myprivacyswitch.com .  If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

 

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. 

Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to these Terms or your use of our Service shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.

 

Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.

 

If you decide to initiate arbitration, the American Arbitration Association will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, we will reimburse you for any excess fee promptly after we receive notice of your arbitration. If the arbitrator ultimately rules in your favor, we will also reimburse you for the $750 initial filing fee.

 

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

 

Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

 

The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.

The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

 

Both you and we waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

 

If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

 

How to Opt Out of the Arbitration Clause and Class Action Waiver 

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of installing our Service, you must send a notice by email to support@myprivacyswitch.com  that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.

 

United States Use Only

The Service is provided for use in the United States only. You agree to obey and comply with any and all applicable United States laws, rules, and regulations governing the export of software.

 

No Waiver, Severability, Entire Agreement

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will post a notice on the www.myprivacyswitch.com website. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

How To Disable or Uninstall The Service

You may disable or uninstall the Service at any time using your browser’s standard procedures for disabling or uninstalling extensions.  In the Google ChromeTM browser, for example, you can disable or uninstall the Service by visiting chrome://extensions/, and unchecking the “Enabled” box next to the Service, or by clicking the trash can icon.  If you are having trouble disabling or uninstalling the Service after following these steps, please email us at support@myprivacyswitch.com .  Google ChromeTM is a trademark of Google, Inc.

 

Contact Us

If you have any questions about these Terms, please e-mail us at support@myprivacyswitch.com .