We offer our browser extension products free of charge on the understanding that we may use our browsing enhancement tools to make recommendations or provide additional search results where appropriate. In some cases this will result in us making a few cents to help continue develop these products. You are quite within your rights to uninstall the product from your system if you do not wish to accept these terms.
The term “BenSen Digital” or “us” or “we” or “our” refers to BenSen Digital, LLC, the owner of the Service.
1. Acceptance of Agreement
Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be legally bound by this Agreement and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Service.
In this Agreement the content of the Service, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. The Service, all Content and all software available on the Service or used to create and operate the Service is the property of BenSen Digital or its licensors, and is protected by domestic and international copyright laws, and all rights to the Service, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BenSen Digital.
3. Our Limited Licenses to You
BenSen Digital grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Service and to view, copy and print the portions of the Content available to you on the Service. Such license is subject to this Agreement, and specifically conditioned upon your compliance with the this Agreement, including without limitation, the Restrictions and Prohibitions set forth in Section 4. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by BenSen Digital at any time.
If you download and/or install a Theme, your use of that Theme is permissible pursuant to, and subject to the restrictions set forth in, the BenSen Digital Theme License Agreement, accessible here.
4. Restrictions and Prohibitions on Use
(a) Restrictions applicable to all Users.
Your license for access and use of the Service and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not
(1) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Service or any Content and Materials retrieved therefrom;
(2) use the Service or any materials obtained from the Service to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(3) create compilations or derivative works of any Content and Materials from the Service;
(4) use any Content and Materials from the Service in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
(6) make any portion of the Service available to others through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
(7) interfere with, disrupt, remove, decompile, disassemble or reverse engineer any Service software or use any network monitoring or discovery software to determine the Service architecture;
(8) use any automatic or manual process to harvest information from the Service;
(9) use the Service for the purpose of gathering information for or transmitting
(9.a) unsolicited commercial email;
(9.b) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
(9.c) unsolicited telephone calls or facsimile transmissions;
(10) use the Service in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; or
(11) export or re-export the Service or any portion thereof, or any software available on or through the Service, in violation of the export control laws or regulations of the United States.
(b) Restrictions applicable to Publishers.
(1) BenSen Digital retains the exclusive right to determine and set the default provider of any web search services, functionality or feature (“Web Search Feature”) that may be available in a Theme, including, without limitation, the right to change any definitions that may be required as part of the setting of such default Web Search Feature. Publishers will not:
(1.a) modify, remove or interfere with the default Web Search Feature provided in or made available in any Application or the definitions related thereto;
(1.b) provide, make available or link to any Web Search Feature, including without limitation references or advertisements to Web Search Features, that compete with or are similar to the default Web Search Feature provided in or made available in any Application;
(1.c) provide, make available or link to any Web Search Feature in any Application that does not provide or makes available any Web Search Feature; or
(1.d) permit, authorize or encourage a third party to engage in the prohibited activity set forth in (A) through (C).
In the event that BenSen Digital offers certain unique features or functionality such as, video search or music features as part of the BenSen Digital Technology (each a “Unique Feature”), Publishers shall not modify, remove or interfere with Unique Features including, but not limited to the default settings and/or the definitions thereof.
(2) Publishers shall not use the Services in anyway enables, constitutes or performs a Prohibited Activity and shall not use in connection with an Theme or the Services any content generated by any third party which is engaged in any Prohibited Activity. The term “Prohibited Activity” means:
(2.a) activity or use of content (including, without limitation, signs, images, or texts) that
(i) violates any applicable law, regulation or order of any court or tribunal including, but not limited to, collecting personal information from any individuals under the age of 13 in violation of the Children’s Online Privacy Protection Act of 1998;
(ii) violates, misappropriates, or infringes any third party (including, without limitation, Users) Intellectual Property Rights, rights of privacy and publicity, or other proprietary or legal rights;
(iii) materially interferes with Web navigation or browsing; or
(iv) creates or poses any kind of security threat or breach to any User or any other third party
(2.b) usage which adversely affects public or private infrastructure or equipment;
(2.c) installations of an Application that are generated without an accurate and conspicuous disclosure and without informed and active consent;
(2.d) fraudulent activity of any kind;
(2.e) use of content or content which:
(i) is, promotes or advocates pornographic, obscene, excessively profane, racial, libelous, gambling-related, discriminatory, offensive or deceptive material or any type of malware;
(ii) promotes, advocates or facilitates terrorism, terrorist-related activities or violence; or
(iii) contains excessive or inappropriate advertisements as determined by BenSen Digital in its sole discretion;
(2.f) using an Theme or the Services in order to offer, distribute or promote any web browser application that is substantially similar to that generated by the Services;
(2.g) redirect traffic or replace web pages available within a Theme to web pages which promote content or products which may adversely affect use of the Theme or the Services;
(2.h) generate or using a Theme in a manner that violates, or enables the violation of, the Privacy Policies, Terms of Service, or License Agreement applicable to Themes and the BenSen Digital Services
5. Linking to the Service
You may provide links to the Service, provided
(a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Service,
(b) your site does not engage in illegal or pornographic activities, and
(c) you discontinue providing links to the Service immediately upon request by us.
Certain sections of, or offerings from, the Service may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. You must be at least 13 years old to use the Service. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit
(a) any other person using the registered sections under your name; or
(b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use, and you agree to accept all risks of unauthorized access to your registration data and your User Content.
7. Errors, Corrections and Changes
We do not represent or warrant that the Service will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Service will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Service at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Service.
8. Third Party Content; Advertising
Third party content may appear on the Service or may be accessible via links from the Service. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Service. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
The Service may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Service is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
BenSen Digital may deliver third-party Advertisements in the form of coupons, price-comparisons, display media, affiliate links and other links through means including but not limited to the content of any web page accessed, plug-ins, add-ons, or the browser itself.
Advertisements may be injected to overlay the page or inserted directly into the page content. User hereby acknowledges and consents that BenSen Digital may alter the content of any web page accessed for the purpose of displaying Advertisements. BenSen Digital does not endorse and is not responsible for any information, materials, products, or services contained in or accessible through Advertisements. Accordingly, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between User and such advertiser. ACCESS AND USE OF ADVERTISEMENTS, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH ADVERTISEMENTS SITES IS SOLELY AT YOUR OWN RISK.
(a) Cookies and Other Technologies.
When you visit and interact with this site, BenSen Digital , and third parties with whom BenSen Digital has contracted to provide services to BenSen Digital, may collect non-personal information (for example, a catalog of the site pages you visit).
(b) Our Collection and Use of Non-Personal Information.
As with many other sites, our site may use “cookies” or other technologies to help us deliver content specific to your interests, to process your requests, and/or to analyze your visiting patterns. Cookies, by themselves, cannot be used to disclose your individual identity. This information identifies your browser, but not you, to our servers when you visit our site. If you want to remove or block cookies at any time from your computer, you can update your browser settings (consult your browser’s “help” menu to learn how to delete or block cookies).
We also may collect data by using “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “pixel tags”) that allow us to know when you visit our site and to understand how you interact with our emails or advertisements. Through pixel tags, we obtain non-personal information or aggregate information (i.e., the domain name, the areas of the site you visit, your operating system, your browser version, and the URL you came from), which can be used to enhance your online experience and understand traffic patterns.
enhance your online experience and understand traffic patterns.
Because non-personal information does not personally identify you, we may use or disclose such information for any purpose.
(c) Our Vendors’ and Partners’ Collection and Use of Non-Personal Information.
We also work with vendors and other partners to help deliver online and mobile advertisements for BenSen Digital that we think may be of interest to you. Many of these advertisements are not targeted to you, but rather are placed on pages where we anticipate our target audience will visit frequently.
Some of our advertisements delivered for us by these vendors and other partners may be based on your online behaviors (e.g., on BenSen Digital sites and other third party sites), your search activity, or your general geographic location (such as whether your Wi-Fi network indicates that you are in an airport). These ads may appear on our own sites or on third-party websites. You may also see advertisements for third parties on other websites based on your visits to BenSen Digital sites and other sites.
We also engage vendors to deliver online advertisements to users whose online behaviors on sites other than our own sites indicate that they may be interested in our products, or to help us deliver advertisements to users based on their publicly-available social networking information. Some of our vendors may use anonymous data, such as demographic data, received from third parties to assist in the delivery of our advertisements to you.
You may view a list of companies that collect or use information about your browsing activity to assess your ad interests, and opt-out of their use of your browsing activity to serve you interest-based ads, here. Those companies are responsible for managing and honoring your opt-out choices, and BenSen Digital is not responsible for their actions or policies.
9. Unlawful or Unauthorized Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Service.
Your right to use the Service is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE SERVICE, AND THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 15. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SERVICE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
13. Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
(a) any errors in or omissions from the Service or any services or products obtainable therefrom,
(b) the unavailability or interruption of the Service or any features thereof,
(c) your use of the Service,
(d) the content contained on the Service, or
(e) the failure of the site to preserve User Content.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
14. Use of Information
15. Third-Party Services
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SERVICE.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
17. Inactive Accounts; Cancellation; Termination of Agreement
This Agreement shall remain effective until terminated by either party. You and/or BenSen Digital may terminate this Agreement and your use of the Service at any time. Specifically, we reserve the right to terminate your User account and your use of the Service without prior notice
(a) if we believe in our discretion that you have violated or acted inconsistently with this Agreement or
(b) if we determine in our sole discretion to terminate the Service with you or any other User.
BenSen Digital will not be liable to Publisher or any third party for termination of this Agreement or termination of Publisher’s access to the BenSen Digital Technology or an Application.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid.
This Agreement shall be treated as though it were executed and performed in Delaware, and shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to conflict of law principles). Any cause of action by you with respect to the Service (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 12 and Section 13. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
19. Questions and Comments
If you have any questions regarding this Agreement or your use of the site please contact us here:
6112 Innovation Way
Carlsbad, CA 92009
Email: [email protected]
Last Updated: October, 2018