THIS AGREEMENT IS IMPORTANT. BEFORE DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH BELOW.
PLEASE NOTE THAT THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU ("You" "Your" Or "User") AND TP PRODUCTS INC . IN ANY EVENT, BY CLICKING ON THE BUTTON LABELED "SUBMIT", "DOWNLOAD", "I ACCEPT", "I AGREE", "OPEN", "SAVE" OR ANY OTHER SIMILAR LINKS AS MAY BE DESIGNATED BY TP PRODUCTS INC AND/OR BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THE SOFTWARE OR CLICK ON THE "I DO NOT AGREE" BUTTON AND CANCEL OPERATION OF THE SOFTWARE.
PURSUANT TO ANY APPLICABLE STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE. FURTHER, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS
1. OPTIONAL ACCESSORIES
When You download the Software, You may be offered the option of downloading one or more third party products (such as, but not limited to, toolbars) which are complementary to Your use of the FREERIDE Games or which may otherwise be of interest to You. Your download and use of such third party products are governed by a separate End User License Agreement which is provided by the proprietor of such products and which You will have to approve in order to download and use such third party products.
When You download the Software, You will also be offered the option of setting Your homepage, on Your PC/Mobile Device to which the Software is downloaded, to TP PRODUCTS INC 's FREERIDE Games customized web search page.
2. USE OF THE SOFTWARE
Subject to all the terms of this Agreement, TP PRODUCTS INC grants You a limited, personal, non-exclusive, non-transferable non sub-licensable, non-assignable license, pursuant to the terms and conditions hereof, to install and use one copy of the Software on a single Windows® operated personal computer ("PC") or an Android TM operated mobile devices ("Mobile Device") owned and controlled by You, solely in connection with Your use of the Service. The Software is a "player" application that provides You with the means to access and play third party digital games applications that are made available on the Service ("Games").
TP PRODUCTS INC is entitled, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionality or content of the Software or the Service without prior notice. TP PRODUCTS INC may elect in its sole discretion to condition the continuation of this license on You accepting software improvements, corrections, adaptations, and conversions to more recent Software versions or any other changes to the Software or the Service.
3. USE OF THE SERVICE
The Service is an on-demand games service, which allows You, subject to the terms of this Agreement, by installing and using the Software, to access and play Games , in real-time, on-demand, mode. Your right to use the Games is a limited, non-exclusive, non-transferable, personal right and is granted subject to all of the limitations and restrictions set forth in the Games End User License Agreement (""Game EULA") which can be found < ="javascript: changeCurrentPage(1)">HERE. It is Your responsibility to comply with all terms and conditions, restrictions and disclaimers specified in the Game EULA.
4. OPERATION OF THE SOFTWAR
In order to enable operation of the Software and use of the Service and the Games through Your PC/Mobile Device, You must have Adobe® Flash® Player browser-based Games installed on Your PC/Mobile Device.
5. ADVERTISING
(a) The Software enables and supports the appearance of advertisements integrated within certain Games You may use on the Service or on Your PC/Mobile Device. After You install the Software, advertisements will be displayed before, after and/or while You use the Games according to predefined viewing requirements and frequency caps. From time to time, the Software will connect to external servers in order to report performance records such as the advertisements that were displayed, the impressions received, and which, if any, were clicked on. The Software does not report any personally identifiable information. Using this instrument, each of the third-party advertising company (collectively - the "Companies", and each - a "Company") collects data regarding the advertisements, how long You were exposed to them as part of the Games, what is Your reaction towards the appearance of any advertisements and other related information. Each of the Companies may also use such information in combination with non-personally identifiable information about Your usage transactions and interests from other online and offline sources, in order to provide advertisements about goods and services. In the course of serving advertisements, each of the Companies may place or recognize a unique "cookie" (being a text file placed in Your computer's browser to store Your preferences) on Your computer and, in some cases, collect data through the use of cookies.
6. UNINSTALLING THE SOFTWARE AND ACCESSORIES
You may uninstall the Software at any time, using the relevant uninstall procedure, which is as follows:
(1) Click the Windows START button (usually placed in the lower left side of your screen);
(2) Select Control panel, and once its window opens select the "Add or Remove Programs" utility (in Windows Vista - "Programs and Features");
(3) Once the software list loads select "FreeRide Games player" and then click on "Change/Remove". If You get a message stating that the "FreeRide Games player is running", You will need to restart your computer and then perform the procedure again;
(4) When you are prompted click on "Remove All", and then the uninstall process will finish.
You may uninstall the FreeRide Games toolbar at any time, using the relevant uninstall procedure- click HERE to review the procedure.
Please note that since the Service is an ads-supported service provided to You free of charge, uninstalling the Software may result in the termination of the Service.
Note that if You had set Your Internet browser's homepage to TP PRODUCTS INC 's FreeRide Games customized web search page, it will not be changed when you uninstall the Software and/or the toolbar. To change your browse's homepage to another page of your choice click on the "Tools" button in Internet Explorer and then click on "Internet Options". Set your preferred homepage by selecting the appropriate options on the "General Tab".
Also note that when You uninstall the Software and/or the toolbar, persistent cookies placed on Your computer as described in this Agreement (if any) will remain on Your computer. Should You wish to remove any such cookie, please review Your browser's "Help" menu.
7. NO REPRESENTATIONS OR WARRANTIES.
THE SOFTWARE IS PROVIDED "AS IS", AND ON "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. TP PRODUCTS INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PC/MOBILE DEVICE OR THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR PC/MOBILE DEVICE RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. INDEMNITY
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND TP PRODUCTS INC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY TP PRODUCTS INC , DUE TO OR ARISING OUT OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE, YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
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9. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TP PRODUCTS INC , ITS EMPLOYEES, SUPPLIERS, DIRECTORS, LICENSORS, PARTNERS, AGENTS AND/OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF (A) YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE AND/ORTHE GAMES, (B) THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR PC/MOBILE DEVICE , (C) THE INTERRUPTION OR INABILITY TO USE YOUR PC/MOBILE DEVICE, OR (D) ANY OTHER MATTER RELATING TO YOUR USE OF THE SOFTWARE AND/OR THE GAMES, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, EVEN IF TP PRODUCTS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, TP PRODUCTS INC 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE FOREGOING DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IN NO EVENT WILL TP PRODUCTS INC 'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $5.00
FURTHER, AND WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT BY USING THE INTERNET AND/OR THE SOFTWARE AND/OR THE SERVICE AND/OR ANY GAMES AND/OR OTHER CONTENT OFFERED ON THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT MAY BE DEEMED OFFENSIVE, INDECENT, OR OBJECTIONABLE, CONTAMINATED FILES, COMPUTER VIRUSES, EAVESDROPPING, HARASSMENT, ELECTRONIC TRESPASSING, HACKING AND OTHER HARMFUL ACTS OR CONSEQUENCES THAT MIGHT LEAD TO UNAUTHORIZED INVASION OF PRIVACY, LOSS OF DATA AND OTHER DAMAGES. NOTWITHSTANDING THE FOREGOING, YOU AGREE TO USE THE SOFTWARE AND SERVICE AT YOUR SOLE RISK AND THAT TP PRODUCTS INC SHALL NOT BE LIABLE WITH RESPECT TO ANY OF THE FOREGOING AND YOU HEREBY WAIVE ANY CLAIM, DEMAND AND CAUSE OF ACTION AGAINST TP PRODUCTS INC WITH RESPECT THERETO.
10. OWNERSHIP AND TITLE
The Software is licensed, not sold. You agree that the Software belongs to TP PRODUCTS INC , including without limitation all rights, title and interests in and to the Software and all copies thereof, all of which are proprietary and contain valuable trade secrets of TP PRODUCTS INC . You agree that You neither own nor hereby acquire any claim or right of ownership to the Software, any part thereof or to any intellectual property right embodied in the Software. Any and all modifications or enhancements to the Software made by You or TP PRODUCTS INC remain the sole property of TP PRODUCTS INC . All the Games are the property of the applicable owner of such Games and are protected by applicable copyright law. This Agreement gives You no rights to such Games.
11. USE OF DATA AND PRIVACY POLICY
You agree that, in connection with Your use of the Software, TP PRODUCTS INC may collect and use personal, technical and related information and data, including but not limited to technical information about Your PC/MOBILE DEVICE, system and software, and regarding Your use of the Software and/or any other application available on the Service ("User Information"), with the intent to facilitate the provision of software updates, product support and other services to You related to the Software and Service and to verify compliance with the terms of this Agreement. The following User Information is collected: which browser You currently use; which operating system do You have; and what is the IP the You are using when approaching the Service. In addition, by entering the Service, You give your consent to allow TP PRODUCTS INC to collect Your User Information detailed herein: play session length; download time; which games were downloaded; which component were downloaded (player/SDM); error(s) that accrued during download and play sessions; which input method You use (mouse/keyboard/touch); which video card do You have; how much memory does Your's PC/Mobile device has; the unique machine ID You have; which campaign brought You to the Service; which internal campaigns did You take part in- all for internal purposes for the Service.
You agree that TP PRODUCTS INC may use Your User Information, inter alia, by aggregating it with the User Information of other users of the Software to provide general statistics about the Service and the use of any application therein. Please see our Privacy Policy for additional details on how TP PRODUCTS INC handles and treats the User Information. You agree to the collection, use, and sharing of Your User Information as set forth in the Privacy Policy.
12. EXPORT CONTROLS
The Software is controlled by certain export laws and regulations. The Software may not be exported or re-exported to any country or person to which the United States prohibits the export of goods, technology or services. By downloading the Software, You are (a) representing that You are not a national of any country to which the United States prohibits the export or re-export of goods, services or technology; and (b) agreeing to fully comply with all the export and re-export restrictions, laws and regulations of any such authority (iii) You will not transfer, or authorize the transfer, of the Software to a prohibited country or otherwise in violation of any such restriction or regulations.
14. TERM AND TERMINATION
The license for the Software shall be effective from the date You download the Software until the date of termination. TP PRODUCTS INC may terminate this license at any time without prior notice. In addition, the license for the Software automatically terminates upon termination or expiration of Your subscription to the Service.
15. CONFIDENTIALITY
You agree that the Software is the proprietary information of TP PRODUCTS INC . You further agree that You will not distribute the Software to any third party.
16. MISCELLANEOUS
This Agreement shall be governed by the laws of the state of Israel. Any dispute or action in connection with this Agreement shall be brought exclusively to the competent courts in the city of Tel Aviv, Israel, which shall have sole and exclusive jurisdiction over any such dispute and action, and You irrevocably agree to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, related to or connected with the use of the Service, Software or this Agreement must be filed by You within six (6) months after such claim or cause of action arose or be forever barred.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THIS AGREEMENT BETWEEN YOU AND TP PRODUCTS INC , WHICH SUPERSEDES ANY AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND TP PRODUCTS INC RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.