USER LICENSE AGREEMENT

 Last Updated: July 19, 2024 

This document (“Agreement”) specifies the conditions for using our Additional Services & Offers, as well as any upgrades, new releases, or supplementary resources. By consenting to these terms, you (“user” or “you”) establish a legally enforceable contract with our company (“we”, “us”, or “our”) related to the Additional Offer. Please ensure that you carefully read and understand this Agreement before accessing or using our Additional Offer or Additional Services & Offers, including their features. By clicking “ACCEPT,” “ADD TO,” or an equivalent option, or by accessing or using the Additional Services & Offers, you acknowledge that you have reviewed, understood, and consent to the terms of this Agreement. If any part of this Agreement is unacceptable to you, you are not granted permission to access or use our Additional Services & Offers.

Additional Services & Offers
The Additional Services deliver customized and advanced features for users. Keep in mind that using these services might modify your browser’s new tab settings or other installed components, leading to changes in your browser setup. These features could result in tailored web settings, content, advertisements, and search outcomes aligned with your browsing activities (“Additional Services & Offers”). These features need an internet connection to operate. The services may also connect you to external websites or content, including advertisements and search results (“Content”), over which we have no control or ownership. You must examine the terms and conditions of the third-party providers offering this Content. By downloading the software, you consent to set Power Player as your default search provider and agree to the offers specified in our Terms and Privacy Policy.

License and Intellectual Property Rights

As long as you comply with this Agreement, you are granted a limited, revocable license to download, install, and use the most recent version of the Additional Offer for your personal, non-commercial purposes. This license is exclusively for you; sharing or distributing it to others is prohibited. You cannot sell or transfer this license to anyone else. We or our licensors retain all intellectual property rights related to trademarks, software, and documentation, which are safeguarded by global laws.  You must not make any changes to or eliminate proprietary notices found in the Additional Offer. Apart from the specific rights granted to you, we hold exclusive rights to the Additional Offer, its associated services, and all content provided, excluding third-party materials.

Representations, Warranties, and Restrictions of Use:
By using the Additional Offer and related services, you declare that:

• You are qualified to agree to this Agreement.
• If acting on behalf of a company or third party, you confirm that you have the necessary authority.
• You must be a minimum of sixteen (16) years old to legally accept this Agreement.
• You either own or have authorization for the device with the Additional Offer installed.
• You will comply with our guidelines and ensure that your use of the Additional Offer is lawful.
• You are not allowed to:
  • Copy, change, reverse engineer, or develop derivative works from the Additional Offer or its parts unless this Agreement states otherwise.
  • Tamper with or deactivate the security features of the Additional Offer or interfere with others’ ability to use it.
  • Use automated methods (like bots) to extract or disseminate content from the Additional Services or alter the software.
  • Modify or delete any copyright, trademark, or proprietary notices.
  • Utilize our trademarks, logos, or branding without receiving written approval.
  • Use the Additional Offer for illegal purposes or in a way that contravenes this Agreement.

Updates and Changes to the Additional Offer and Services-
We have the right to change or eliminate any part of the Additional Offer without prior notice. After installation, it will connect to our servers for updates, which may include various improvements. By using the service, you agree to these automatic updates. We can also choose to discontinue certain features or services and are not obligated to provide any ongoing support. If you are dissatisfied, the only solution is to stop using the service.

Disclaimer of Warranty and Limitation of Liability-

Unless stated otherwise in this Agreement, we do not provide any warranties for the Additional Offer and Additional Services & Offers, whether expressed or implied. This includes any assurances of merchantability or fitness for a specific purpose. The Additional Offer and Services are provided on an “as-is” basis. You bear all risks associated with using these services and the information provided. We are not responsible for any damages resulting from your use of the Additional Offer. We do not guarantee that the Additional Offer will always be available or secure, nor do we ensure it is free from harmful elements. Additionally, we have no obligation to fix any issues. You acknowledge that neither we nor our affiliates will be liable for damages in any situation.

Our Privacy Practices-

When you interact with the Additional Offer and Additional Services & Offers, you allow us and third parties to access, use, and collect information about your usage. Our methods for gathering, utilizing, and sharing your information are described in our Privacy Policy, located at: https://powerplayernow.com/policy. This Privacy Policy is an integral part of this EULA and is referenced herein. We suggest that you periodically check our Privacy Policy for updates.

Indemnification-

You agree to protect, defend, and indemnify us and our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers, and partners from any claims, losses, damages, costs, and expenses (including attorney fees) that arise from: (i) your breach of any term in this EULA; and (ii) any harm, whether direct or indirect, that you cause to any third party as a result of using the Additional Offer or Additional Services & Offers.

Termination-

You can stop using the Additional Offer and Additional Services & Offers whenever you choose by uninstalling the Additional Offer and halting your use of the services. We retain the right to revoke your access to the Additional Offer or our Additional Services & Offers at any time, with or without cause and without notice, taking effect immediately. Be aware that terminating your access may result in the loss of all data and information linked to your usage of the Additional Offer. After termination, all licenses and rights provided to you under this EULA will be canceled. We will not be held responsible for any outcomes resulting from the termination of the Additional Services & Offers for you or any third party. Any provisions in this EULA that are intended to survive termination will remain in effect.

Changes to this EULA-
We may change the terms of this EULA occasionally, without prior notice. While we will make an effort to inform you about changes we consider important, any significant updates will become effective seven (7) days after we notify you. All other revisions to this EULA will take effect as of the “Updated” date mentioned, and your ongoing use of the Additional Services & Offers after this date will signify your acceptance of those changes and your agreement to follow them.

General-

This EULA serves as the complete understanding between the parties concerning the use of the Additional Offer and our Additional Services & Offers. Any disputes related to the Additional Offer and Additional Services & Offers will be subject to the laws of the State of Israel, disregarding any conflicting legal principles. You consent to the exclusive jurisdiction of the courts in Tel Aviv, Israel. In the event that any part of this EULA is found to be invalid, void, or unenforceable, the other provisions will remain effective, and the invalid section will be adjusted as needed to address its invalidity while upholding the original intent of the parties. Past interactions or delays in exercising rights will not be viewed as a waiver of those rights. Furthermore, a waiver of any defaults or breaches will not be seen as a continuing waiver or applicable to any other defaults or breaches. Any inability or delay on our part to meet any obligations specified in this EULA will not be considered a breach or result in liability if caused by factors outside our reasonable control. Such circumstances encompass, but are not limited to: natural disasters, governmental actions or inactions, fires, storms, floods, earthquakes, accidents, acts of public hostility, conflicts, uprisings, telecommunications failures, public utility interruptions, internet outages, as well as insurrections, riots, invasions, strikes, or lockouts. We maintain the right to assign our rights under this EULA to any third party at our discretion.

For any disputes, you may use the European Online Dispute Resolution platform: Submit a Dispute.

Contact Information.

If you have any questions concerning this EULA, Additional Offer, and Additional Services & Offers please contact [email protected].