Policies and Procedures
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Terms and Conditions
These are the Terms and Conditions (“Terms” or “Agreement”) that apply to the use of the MacKeeper Website (https://mackeeper.com) and MacKeeper Account (https://account.mackeeper.com). The Terms apply to all visitors, users, and others who access the website or create an account.
Please read them carefully because they form a legal agreement between you (either an individual or a legal entity) and Clario Tech DMCC, with its principal office at Jumeirah Lakes Towers, Dubai, UAE (hereinafter "Clario") (each a “Party” and together, the “Parties”).
This Agreement is available only to individuals who are at least 13 years old or have their legal guardians' permission. By agreeing, you certify that you are of legal age or have the requisite permission to create a MacKeeper Account and that all registration information you submit is accurate and truthful.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use our website or create a MacKeeper account, you agree to the terms of this Agreement on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this Agreement, do not let your child create an account or use the website. If you are the parent or guardian of a child under 13 and believe that he or she is using the website or created an account, please contact us at email@example.com.
If you register for an account on the MacKeeper Website, you will be required to provide your email address and a password, which we will store to create an individual user account for you. To protect your MacKeeper Account, keep your password confidential. You are responsible for the activity that happens on or through your MacKeeper Account.
This information will be used only by Clario. Clario will not contact you other than to send you Mac Tutorials, Exclusive Offers, Insider Deals, and Newsletters. You can change your subscription preferences or unsubscribe directly from any Clario letter that you don't like anytime.
You may use your MacKeeper Account to:
activate your License;
transfer your License from one of your computers to another through your MacKeeper Account and use License only on one computer at once;
You may not engage in any of the following prohibited activities:
copying, distributing, or disclosing any part of the MacKeeper Website in any medium, including without limitation by any automated or non-automated "scraping";
using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the MacKeeper Website;
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the MacKeeper Website;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on the MacKeeper Website infrastructure;
uploading invalid data, viruses, worms, or other software agents through the MacKeeper Website;
collecting or harvesting any personally identifiable information, including account names, from the MacKeeper Website;
using the MacKeeper Website for any commercial solicitation purposes;
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with the proper working of the MacKeeper Website;
accessing any content on the MacKeeper Website through any technology or means other than those provided or authorized by Clario;
bypassing the measures that we may use to prevent or restrict access to the MacKeeper Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the MacKeeper Website or the content therein.
Under the terms of this Agreement the data you share with us and the privacy of that data is governed by our Privacy Notice, this notice is subject to change at any time. The most current version of Privacy Notice can always be found at https://mackeeper.com/privacy-policy/.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW NEITHER Clario NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF THE MacKeeper Website AND MacKeeper Account OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS THAT ARE DESCRIBED herein MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF MacKeeper Account AND MacKeeper Website IS AT YOUR SOLE RISK. MacKeeper Account AND MacKeeper Website ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND Clario, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. Clario DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MacKeeper Account OR ON THE MacKeeper Website WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF MacKeeper Account OR MacKeeper Website WILL BE CORRECTED. FURTHERMORE, Clario DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MacKeeper Account OR MacKeeper Website IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS THAT ARE DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
You agree to defend Clario, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demands and/or actions and indemnify and hold Clario, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this Agreement, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of MacKeeper Account OR MacKeeper Website. Clario reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Clario upon its request.
LIMITATION OF SUPPORT
Clario will make an effort to provide you with email or chat support pertaining to your use of MacKeeper Account and MacKeeper Website. The said support will be limited to topics within the domain of basic usage of MacKeeper Account and MacKeeper Website.
TECHNICAL AND RELATED INFORMATION
Clario and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Clario and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Clario and its subsidiaries shall be limited in such a manner that Clario and its subsidiaries will not be capable of reconstructing the contents of files and folders that you use from within any Clario product or any other personal files and folders that are accessible to Clario products when you use any of them.
TERM AND TERMINATION
You may terminate this Agreement at any time by canceling your subscription or by ceasing your use of our software or services.
Clario may terminate this Agreement if you fail to comply with any terms of this Agreement. Inaction of Clario to terminate this Agreement after you fail to comply with any of the terms that are set out in this Agreement does not imply a waiver of any kind of the rights that are reserved by Clario under this and other provisions.
COPYRIGHT AND RESTRICTIONS
All title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by Clario or its licensors. All rights that are not specifically granted by Clario are reserved by Clario. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of MacKeeper Account or MacKeeper Website. Clario is willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Clario is the subject of copyright and other intellectual, industrial, or proprietary rights of Clario and/or third parties.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be interpreted, construed as if both Parties jointly wrote it, and shall be governed by the laws of England and Wales, to the exclusion of the conflicts of laws provisions thereof. In the event any disputes, differences, or controversies arise between the Parties in connection with this Agreement, the Parties shall thoroughly explore all possibilities for the amicable settlement. In such cases where amicable settlement cannot be reached, all disputes, differences, or controversies shall be determined by arbitration under the London Court of International Arbitration Rules, which are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language used in any arbitral proceedings shall be English.
All claims must be brought in the parties' individual capacity, and not as a claimant or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims.
SURVIVAL OF PROVISIONS
These Terms and Conditions by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the MacKeeper Website shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Clario or any third party.
CHANGES TO THESE TERMS AND CONDITIONS
Clario reserves the right at any time and at its sole discretion to modify and alter these Terms and Conditions with or without prior notice to you. It is your sole responsibility to periodically check for changes in this Agreement. In case you do not agree with these changes please do not use MacKeeper Website and/or MacKeeper Account.
We are open to any questions on these Terms and Conditions. Please address all your concerns to firstname.lastname@example.org.
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