Note: Tab Cleanup IS NOT ADWARE. NO POPUP ADS WILL APPEAR WITH THE SERVICES.
You must be at least 18 years of age in order to agree to the terms of this Agreement and to download the Services. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, A PARENT OR GUARDIAN MUST DOWNLOAD IT FOR YOU. USE OF THE SERVICES BY ANYONE UNDER THE AGE OF 13 IS STRICTLY PROHIBITED.
This Agreement addresses the following:
- Contact Information
- Description of Tab Cleanup Services
- Acceptable use of Services
- Uninstallation of Tab Cleanup
- Intellectual Property Rights
- License to Access Content on Our Sites
- Notice and Consent
- Termination of Services
- Information Disclaimer and Disclaimer of Warranties
- Limitation Of Liability
- General Provisions
- Last Updated
Guppy Games, Inc., 12443 Bel-Red RD Ste. 320, Bellevue, WA 98005
Telephone: 425-450-9494, firstname.lastname@example.org
Description of Tab Cleanup Services
Tab Cleanup Websites
Tab Cleanup websites are provided on an AS IS and AS AVAILABLE basis. Tab Cleanup disclaims any and all responsibility and liability for the availability, timeliness, security or reliability of the Services
Tab Cleanup Extension
Tab Cleanup provides a configurable functionality that will automatically close browser tabs after a provided amount of time, in minutes, with options to set a minimum number of tabs for auto closing. The functionality of the software can also be enabled and disabled within the extension.
Acceptable Use of Services
You shall not use the Services to create, upload, transmit, distribute, or store material that:
- Violates a trademark, copyright, trade secret or other intellectual property rights of others
- Violates the privacy, publicity or other personal rights of others
- Prevents another from using the Services
- Impairs the privacy of communications
- Contains obscene, offensive or inappropriate content
- Constitutes pornography
- May be threatening, abusive or hateful
- Violates export control laws or regulations
- Encourages conduct that would constitute a criminal offense or give rise to civil liability
- Causes technical disturbances to the Services, including, but not limited to, adware, spyware, introduction of viruses, worms or other destructive elements
- Assists or permits any persons in engaging in any of the activities described above
- Involves deceptive on-line marketing
- Violates this Agreement, as it may be revised from time to time
If you become aware of any such activities, you are obligated to immediately notify Tab Cleanup and take all other appropriate actions to cause such activities to cease. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations. Tab Cleanup reserves the right, but shall have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Uninstallation of Tab Cleanup
If you decide that you no longer wish to use the Tab Cleanup, you may easily uninstall it. To uninstall the extension follow the directions provided at http://www.tabcleanup.com/uninstall.html
Intellectual Property Rights
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the services or of any content (including any software) available throughout the Services.
All software and content owned and operated by Tab Cleanup and all 3rd party software and content is the exclusive intellectual property of its owner and is protected as such.
When installed on your device, the software periodically communicates with our servers that are maintained in the United States of America. By installing the Software, you give consent allowing the Software on your device to communicate with and send data to our servers in the USA. We may update the software on your device when a new version is released or when new features are added. These updates occur automatically. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the software.
License to Access Content on Our Sites
Tab Cleanup grants you a personal, nonexclusive, non-assignable and nontransferable license to use the Services as permitted under this Agreement. You represent and warrant that you are the owner of the device onto which you have downloaded and installed the software, or the owner of the device has authorized you to do so. You agree, with respect to all other users of the device on which you have caused the software to reside, to be responsible for their use of the software in compliance with this Agreement.
All rights not expressly granted to you by the foregoing sentence are reserved by Tab Cleanup.
Notice and Consent
All comments, suggestions, and feedback are welcome.
Please note by making any submission, you grant Tab Cleanup and third parties permission to use and incorporate your ideas or comments into Tab Cleanup Services without compensation of any kind to you.
Termination of Services
Tab Cleanup may terminate Services at any time, or remove, discard or modify any part of the Services, for any reason, or it may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files. We may, at any time, (i) modify, discontinue or suspend your right to access the software, (ii) discontinue any campaigns, surveys or incentive offers, or (iii) change the terms for any future campaigns, surveys or incentive offers.
Tab Cleanup shall not be liable for any such suspension, discontinuation or termination of the Services or your access to the Services.
Information Disclaimer and Disclaimer of Warranties
TAB CLEANUP SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. TAB CLEANUP AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
YOUR USE OF TAB CLEANUP SERVICES IS AT YOUR SOLE RISK. TAB CLEANUP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TAB CLEANUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TAB CLEANUP AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTY THAT TAB CLEANUP SERVICES WILL MEET YOUR REQUIREMENTS, THAT TAB CLEANUP SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TAB CLEANUP SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH TAB CLEANUP SERVICES WILL MEET YOUR NEEDS.
ANY MATERIAL OBTAINED THROUGH THE USE OF TAB CLEANUP SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE TAB CLEANUP SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT TAB CLEANUP, ANY OF ITS SUBSIDIARIES, AFFILIATES OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
- THE USE OF, OR THE INABILITY TO USE, TAB CLEANUP SERVICES;
- THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES;
- RELIANCE ON CONTENT OR POSTINGS ON ANY SITES; OR
- ANY OTHER MATTER RELATING TO OUR SITES OR TAB CLEANUP SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT TAB CLEANUP OR ANY SUBSIDIARY, AFFILIATE OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL TAB CLEANUP’S OR ANY SUBSIDIARY, AFFILIATE OR LICENSOR'S CUMULATIVE LIABILITY FOR DIRECT DAMAGES HEREUNDER EXCEED $100.00.
You agree to indemnify Tab Cleanup and its subsidiaries, affiliates and licensors, and their officers, directors, employees and agents, representatives, information providers and licensors and to hold them harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind arising, directly or indirectly, from the Services.
Applicable Law; Jurisdiction and Venue; Attorneys’ Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive personal jurisdiction and venue of state and federal courts located in Palm Beach County, Florida for all disputes arising out of this Agreement. If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which it may be entitled.
If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
All provisions of this Agreement relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the Service, for whatever reason.
Changes to This Agreement
Tab Cleanup may change this agreement at any time, at its sole discretion. Notice of material changes to this agreement will be posted on Tab Cleanup’s Website. You agree that your continued use of the services following any changes to this agreement will constitute your acceptance of such changes. We expect most future changes to be minor.
May 09, 2016