ADAPTIVEBEE Terms of Service

URCustomization.com

ADAPTIVEBEE S.A.S.U. (“ADAPTIVEBEE”, “we” or “us”) develop(s) and provide(s) value-added services and applications, including but not limited to the urcustomization.com website (“UR Customization”, “the Site”), who facilitates access and use of connected services as (but not limited to) browsing, content usage and sharing, news feed for (collectively the “Service”) available through our website and product offerings, accessible at www.urcustomization.com. Please read carefully the following terms and conditions (“Terms of Service”) and our Privacy Policy, which may be found at: www.urcustomization.com/en-US/privacy-policy and which is incorporated by reference into these Terms of Service. These Terms of Service govern your access to and use of the Site and Service and, except as otherwise provided in these Terms of Service, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Service (“Content”), and constitute a binding legal agreement between you and ADAPTIVEBEE. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.

Certain areas of the Site (and your access to or use of certain aspects of the Service or Content) may have different terms and conditions posted or may require you to accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Service or Content, the latter terms and conditions will take precedence with respect to your access to or use of that area of the Site, Service or Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICE OR ACCESSING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICE OR CONTENT.

1. Modification

ADAPTIVEBEE reserves the right, at its sole discretion, to modify or terminate the Site or Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last modified” date at the top of the home page of this document. By continuing to access or use the Site or the Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and the Service.

2. Privacy

See ADAPTIVEBEE’s UR Customization Privacy Policy at www.urcustomization.com/en-US/privacy-policy for information and notices concerning ADAPTIVEBEE’s collection and use of your personal information.

3. Software

We reserve the right to add additional features or functions to the existing Service or components thereof. When used on your computer, the Service periodically communicates with our servers. We may require the updating the Service on your browser when we release a new version of the Service, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current policies before you will be permitted to use any subsequent versions of the Service. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Service. You are not obligated to use any of the features of the Service, including, but not limited to instant messaging chat, content & news feeds.

4. Ownership

The Site, Service and Content are protected by copyright, trademark and other laws of France and foreign countries. Except as expressly provided in these Terms of Service, ADAPTIVEBEE and its licensors exclusively own all right, title and interest in and to the Site, Service and Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of ADAPTIVEBEE used are trademarks or registered trademarks of ADAPTIVEBEE. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Service or Content. The background images or wallpapers displayed and available on UR Customization are used in accordance to the copyright policies and usage permissions listed and approved by the sources, owners or authors of the respective images or wallpapers. These images and wallpapers are solely intended to be used as part of the intended UR Customization functionality for the porpose of personalizing and customizing a browser on your personal device. You are not allowed to obtain the images or wallpapers displayed on UR Customization directly from UR Customization by any other means or for any other reason including, but not limited to duplicating, publishing or otherwise distributing them or any other commercial use thereof.

5. Content License

Subject to your compliance with the terms and conditions of these Terms of Service, ADAPTIVEBEE grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and download any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Service or Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ADAPTIVEBEE or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

6. User Content

If you are under the age of 13 (thirteen), you should not post any data or information by any means on the Service or Site without the permissions of your parent or guardian. Users may post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials to be made available through the Site and Service (“User Content”). By making available any User Content through the Site and Service, you hereby grant to ADAPTIVEBEE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Service. ADAPTIVEBEE does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Service or you have all rights, licenses, consents and releases that are necessary to grant to ADAPTIVEBEE the rights in such User Content, as contemplated under these Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or ADAPTIVEBEE’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The User Content will not contain any “back door,” “trap door”, “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “Easter Eggs”, “cancelbots” or other computer programming routines or viruses that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit access to or use of the Site and Service or other software or hardware by unauthorized parties, or disable, damage or erase any portion of the Site or Service.

7. Open-Source Software

The Software is distributed with certain independent code that is licensed under open source licenses ("Open Source Code") and the Open Source Code is licensed to you in accordance with the applicable open source licenses. To the extent that any of the terms and conditions of this Agreement conflict with any such open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code.

8. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Service (“Feedback”). You may submit Feedback by emailing us at contact@adaptivebee.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of ADAPTIVEBEE and you hereby irrevocably assign to ADAPTIVEBEE and agree to irrevocably assign to ADAPTIVEBEE all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At ADAPTIVEBEE’s request and expense, you will execute documents and take such further acts as ADAPTIVEBEE may reasonably request to assist ADAPTIVEBEE to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

9. General Prohibitions

You agree not to do any of the following:
A. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
B. Use, display, mirror or frame the Site or Service, or any individual element within the Site or Service, ADAPTIVEBEE’s name, any ADAPTIVEBEE trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ADAPTIVEBEE’s express written consent;
C. Access, tamper with, or use non-public areas of the Site or Service, ADAPTIVEBEE’s computer systems, or the technical delivery systems of ADAPTIVEBEE’s providers;
D. Attempt to probe, scan, or test the vulnerability of any ADAPTIVEBEE system or network or breach any security or authentication measures;
E. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ADAPTIVEBEE or any of ADAPTIVEBEE’s providers or any other third party (including another user) to protect the Site, Service or Content;
F. Attempt to access or search the Site, Service or Content or download Content from the Site or Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ADAPTIVEBEE or other generally available third-party web browsers;
G. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
H. Use any meta tags or other hidden text or metadata utilizing a ADAPTIVEBEE trademark, logo URL or product name without ADAPTIVEBEE’s express written consent;
I. Use the Site, Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
J. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Service or Content to send altered, deceptive or false source-identifying information;
K. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Service or Content;
L. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
M. Collect or store any personally identifiable information from the Site or Service from other users of the Site or Service without their express permission;
N. Impersonate or misrepresent your affiliation with any person or entity;
O. Violate any applicable law or regulation; or
P. Encourage or enable any other individual to do any of the foregoing.
ADAPTIVEBEE will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ADAPTIVEBEE may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that ADAPTIVEBEE has no obligation to monitor your access to or use of the Site, Service or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ADAPTIVEBEE reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that ADAPTIVEBEE, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Service.

10. Copyright and IP Policy

ADAPTIVEBEE respects copyright law and expects its users to do the same. ADAPTIVEBEE has implemented policies and dedicated resources to act efficiently in matters of copyright. If you believe that a work residing or accessible on UR Customization infringes a copyright, please send a notice of copyright infringement to our e-mail address (contact@adaptivebee.com) and we will address the matter as soon as possible. You must include the following information in your notice: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail so to allow ADAPTIVEBEE to locate and identify such content; (d) your name, address and email address; (e) a statement that you have a good faith belief that the use of the material in the manner described in your notice is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

11. Links

The Site, Service and Content may contain links to third-party websites or resources. You acknowledge and agree that ADAPTIVEBEE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, product, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ADAPTIVEBEE of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

12. Advertisers and Third-party Vendors

Some part of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted based on browsing habits while using the Service, queries made through the Service or other information. The manner, mode or extent of advertising by ADAPTIVEBEE on the Service is subject to change without specific notice to you. Your interactions with advertisers or third party vendors found on or through any Site or Service, including any purchases of goods or services, and any terms, conditions, warranties or representations associated with such activities, are governed by the terms as determined between you and the third party. ADAPTIVEBEE does not make any warranties with respect to any goods, services or websites that may be supplied or operated by third parties, and you accept that ADAPTIVEBEE has no liability for any loss or damage of any kind incurred in connection with your use of or reliance on any content, goods, services, information or other materials on or available through such third parties. You acknowledge the responsibility to read the terms and conditions of such third parties, including privacy policies.

13. Termination and Cancellation

If you breach any of these Terms of Service, ADAPTIVEBEE will have the right to suspend or disable your use of the Site, Service and Content or prevent your access to the Site, Service and Content or terminate these Terms of Service, at its sole discretion and without prior notice to you. ADAPTIVEBEE reserves the right to revoke your access to and use of the Site, Service and Content at any time, with or without cause. You may terminate this Agreement at any time by uninstalling and destroying all copies of the ADAPTIVEBEE software for the Service in your possession or control.

14. Disclaimers

THE SITE, SERVICE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND YOU USE THEM AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, ADAPTIVEBEE EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ADAPTIVEBEE MAKES NO WARRANTY THAT THE SITE, SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY THAT THE SITE, SERVICE AND CONTENT WILL NOT CAUSE DAMAGE TO ANY NETWORK, COMPUTER ONLINE SYSTEM, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR YOUR USE OR ABILITY TO USE ANY SERVICE OR OTHER WEBSITE ONLINE ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED OR RELATING TO OR RESULTING FROM USING THE SITE, SERVICE AND CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ADAPTIVEBEE OR THROUGH THE SITE, SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE. YOU UNDERSTAND THAT ADAPTIVEBEE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICE, NOR DOES ADAPTIVEBEE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICE. ADAPTIVEBEE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

15. Indemnity

You agree to defend, indemnify, and hold ADAPTIVEBEE, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Service or Content, or your violation of these Terms of Service.

16. Limitation of Liability

ADAPTIVEBEE’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $50 (FIFTY U.S. DOLLARS). YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICE AND CONTENT REMAINS WITH YOU. IN NO EVENT WILL ADAPTIVEBEE BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICE AND CONTENT WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ADAPTIVEBEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SERVICE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17. General

These Terms of Service will be governed by and construed in accordance with the laws of France, without regard to conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer these Terms of Service or any rights granted hereunder, by operation of law or otherwise, without ADAPTIVEBEE’s prior written consent, and any attempt by you to do so, without such consent, will be void. ADAPTIVEBEE may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. Any notices or other communications permitted or required hereunder, will be provided to you in one of the following ways: by posting on the ADAPTIVEBEE Site, by email or through Service notifications. The failure by either party to enforce any provision of these Terms of Service will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of these Terms of Service will be effective only if in writing and signed by authorized representatives of both parties. If any provision of these Terms of Service is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. These Terms of Service are the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and ADAPTIVEBEE have executed a separate agreement.

18. Contacting Us

If you have any questions about these Terms of Service for the ADAPTIVEBEE UR Customization, please contact ADAPTIVEBEE at contact@adaptivebee.com.

ADAPTIVEBEE
Mail subject: Terms of Use Issues
Address: 20, rue Bouvier, 75011 Paris, France
E-mail: contact@adaptivebee.com
Website: http://www.adaptivebee.com