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Terms of use

Terms of Use for MetroSidebar.com and related MetroSidebar Sites

MetroSidebar. (“we” or “MetroSidebar”) welcome you to metrosidebar.com, developers.metrosidebar.com and other websites owned and operated by MetroSidebar which post these Terms of Use (our “MetroSidebar Site” or “MetroSidebar Sites”), where you can explore, discover and download fantastic web-connected desktop apps (“MetroSidebar Tile or “MetroSidebar Tiles) powered by the MetroSidebar platform. Our MetroSidebar Sites also include our store (the “MetroSidebar Tile Store”), a publicly available tile store located at www.MetroSidebar.com (or such other website operated by MetroSidebar), and/or integrated with the MetroSidebar desktop client.

Please read the following Terms of Use carefully. By using or visiting the MetroSidebar Sites, or using our services, software or products, including downloading THE MetroSidebar Application (collectively the “Services”), you acknowledge that you accept the terms, conditions, restrictions and policies outlined in the Terms of Use below (the “Terms”), including our Privacy Policy, available at http://metrosidebar.com/privacy-policy.

The Services may also provide an opportunity for you to download MetroSidebar Tiles or other software or products, or link to websites (“Third Party Services”) offered or made available by third parties not affiliated with MetroSidebar (“Third Party Providers”). These Terms do not apply to (and we are not responsible for) such Third Party Services, and these Terms do not govern the practices of such Third Party Providers.

1. Acceptance

1.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

1.2 You accept these Terms by actually using the Services. You understand and agree that MetroSidebar will treat your use of the Services as acceptance of the Terms from that point onwards.

1.3 You may not use the Services, and may not accept the Terms, if you are under the age of thirteen (13) or you are a person barred from using or receiving the Services under the laws of the United States or any other relevant jurisdiction, including the country you are resident or from which you use or access the Services. If you are not eligible, or do not agree to these Terms, then please do not use the Services.

2. Use of the Services

2.1 You agree to use the Services only for the purposes that are permitted by these Terms and by any applicable law, regulation, or generally accepted practices or guidelines in any relevant jurisdiction (including any laws governing the export or import of data or software to and from the United States or other relevant jurisdictions).

2.2 You agree that you will not:

(a) engage in any activity that interferes with or disrupts the Services, or the services or networks which are connected to the Services or on which the Services are hosted;

(b) harm MetroSidebar or its users in any way; or

(c) use the Services in any manner that could damage, disable, overburden, or impair the Services.

2.3 Unless as expressly permitted by MetroSidebar or a Third Party Provider as defined above (including pursuant to a separate EULA with respect to a MetroSidebar Tile or other Third Party Service), you agree you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purposes.

2.4 You agree that you are solely responsible for, and MetroSidebar has no responsibility to you or any third party for, any breach of your obligations under the Terms (including breach of any obligations you may have with respect to a Third Party Service) and for the consequences (including any loss or damage which MetroSidebar may suffer) of any such breach.

3. User Accounts

3.1 As a user of the MetroSidebar Sites or Services, you may, but are not required to, establish a MetroSidebar user account with MetroSidebar (“Account”). To establish an Account, you may be required to provide information about yourself, such as your name, age and email address. You agree that any such information you provide will always be accurate, correct and up to date.

3.2 Any information you provide to MetroSidebar pursuant to your Account shall be governed by the MetroSidebar Privacy Policy made available online at http://metrosidebar.com/privacy-policy as that policy may be changed from time to time. Any information you provide to Third Party Services, including any accounts created with a Third Party Provider, shall be governed by the terms or privacy policies of such Third Party Providers.

3.3 Except as otherwise provided for in the MetroSidebar Privacy Policy, you are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. MetroSidebar shall not be responsible for any unauthorized use of your Account.

3.4 MetroSidebar may suspend or terminate your Account at our sole discretion without notice at any time, including for your breach of the Terms or where MetroSidebar is required to do so by law.

4.Changes to the Services; Updates

4.1 You acknowledge and agree that the form and nature of the Services which MetroSidebar provides may change from time to time without prior notice to you.

4.2 You acknowledge and agree that MetroSidebar may stop (whether permanently or temporarily) providing the Services (or any features or software within the Services, including any Third Party Services) to you or to users generally at MetroSidebar’s sole discretion, without prior notice to you.

4.3 You may stop using the Services at any time. Except as otherwise set forth in a separate agreement between MetroSidebar or with a Third Party Provider providing software through the Services (including pursuant to a separate EULA with respect to a Third Party Service), you do not need to provide notice to MetroSidebar when you stop using the Services.

4.4 Software that you may use, download or install from the Services may automatically download and install updates from time to time from MetroSidebar. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MetroSidebar to deliver these to you) as part of your use of the Services.

4.5 In the event MetroSidebar discovers that a MetroSidebar Tiles or other Third Party Service violates the MetroSidebar Developer Distribution Agreement, the MetroSidebar Content Policy, or other legal agreements, laws, regulations or policies, you agree that MetroSidebar retains the right to remotely remove those applications at its sole discretion.

5. Privacy

5.1 The MetroSidebar Privacy Policy, made available online at http://metrosidebar.com/privacy-policy as that policy may be changed from time to time, is incorporated into and made a part of these Terms. Please read the MetroSidebar Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information.

5.2 If there are material changes to such policy a notice will be posted at http://metrosidebar.com/privacy-policy and the changes will become effective 30 days upon posting. In addition, when any change is made in such policy, the updated policy will be posted at the link above or a successor link. MetroSidebar recommends that you periodically check for the most current version of the policy.

6. Third Party Software and Services

6.1 The Services may allow you to download, install, access or use software, products or services, including MetroSidebar Tiles provided by Third Party Providers (“Third Party Services”). We are not responsible for such Third Party Services. Your access or use of the Third Party Services, including the download or use of a MetroSidebar Tile available on the MetroSidebar Store, may be subject to applicable third party rights, terms and conditions and privacy policies with respect to such Third Party Services, and may require that you accept additional terms of use for such access or use, including acceptance of a separate EULA.

6.2 You acknowledge and agree that MetroSidebar is not responsible for any Third Party Services, including content, websites, services, MetroSidebar Tiles or other software or products provided by Third Party Providers, whether made available on or through the MetroSidebar Sites or on or through a MetroSidebar Tile.

6.3 You acknowledge and agree that MetroSidebar does not warrant or endorse, and does not assume and will not have liability to you or any other person for, any Third Party Services, including MetroSidebar Tiles, and that your use of such Third Party Services, is at your own risk.

6.4 You acknowledge and agree that your access or use of the Third Party Services, including your use of a MetroSidebar Tile provided by a third party, may cause information to be shared among your system and such Third Party Service in a manner not governed by these Terms or the MetroSidebar Privacy Policy, and that your rights with respect to privacy in such circumstances will be governed solely by the terms of use, EULA or privacy policies, if any, for such Third Party Service.

6.5 Some Third Party Services, including MetroSidebar Tiles and services provided by Third Party Providers, may be made available to you at no charge while others may require a fee, or may provide an opportunity to purchase products or services. We do not process your financial details. You agree you are solely responsible for all fees associated with such Third Party Services that require a fee, and for the cost of any purchases you make via a Third Party Service. Refer to the terms of use and privacy policies for those Third Party Services to understand more about their practices.

6.6 Third Party Services, including MetroSidebar Tiles and services provided by Third Party Providers, may make available to you various payment processing methods to facilitate the payment of fees, or the purchase of products or services, through the Third Party Service or MetroSidebar Tile. You agree to abide by any relevant terms of service or other legal agreement, whether with MetroSidebar or a third party, that governs your use of a given payment processing method. You agree that MetroSidebar reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.

7. Ownership

7.1 You acknowledge and agree that MetroSidebar, MetroSidebar’s licensors, or Third Party Providers, own all legal right, title and interest in and to the Services, including any Third Party Services provided on or through the Services, and including any intellectual property rights which subsist in the Services or the Third Party Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

7.2 Nothing in the Terms gives you a right to use any MetroSidebar trade names, trademarks, service marks, logos, domain names or other distinctive brand features.

7.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed or contained within or on the Services.

7.4 Any trade names, trademarks, service marks, logos, domain names or other distinctive brand features used with, on or relating to any Third Party Services (“Third Party Marks”) available on or through the Services, including on or through a MetroSidebar Tile, are the property of the Third Party Providers or their respective licensors. Unless you have been expressly authorized in writing by such Third Party Providers or their respective licensors, you will not use, and have no rights in, any Third Party Marks. You further agree that you will not use any trade name, trademark, service mark, logo, domain name, or other distinctive brand feature of any company, entity or organization in any way that is likely or intended to cause confusion as to the owner or authorized user of such names, marks, logos or features.

8. License from MetroSidebar

8.1 Except with respect to Third Party Services, the rights of which shall be governed by any terms of use you may enter into with Third Party Providers of such third party products, software or services, and subject to your compliance to these Terms, MetroSidebar grants you a limited, personal, non-assignable and non-exclusive license to use the Services provided by MetroSidebar to you.

8.2 You may not (and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services, or any part thereof, unless expressly permitted by MetroSidebar in writing or as required by law.

8.3 You may not assign (or grant a sublicense to) your rights to use the Services, or otherwise transfer any part of your rights to use the Services.

9. Term Termination

9.1 The Terms will continue to apply until terminated by either you or MetroSidebar as set out below.

9.2 You may terminate these Terms at any time, provided that you cease all use of the Services upon such termination. Upon termination you shall destroy or remove all copies of any MetroSidebar software provided to you pursuant to the Services, provided, however that any further use of Third Party Services, including MetroSidebar Tiles or other software provided pursuant to such Third Party Services, shall continue to be governed by the terms of use or EULA that you may have entered into with the respective Third Party Provider of such MetroSidebar Tile or other software or service.

9.3 Your rights under this Agreement will terminate automatically without notice to you if you violate any provision of these Terms. MetroSidebar may immediately terminate these Terms and any use of, or access to, the Services at any time, including in the event MetroSidebar determines that the Services or use thereof may result in infringement or violation of third party rights or claims thereof. Any termination of this Agreement shall also terminate the rights and licenses granted to you hereunder and we will have no have no liability whatsoever on account of such termination.

9.4 Upon termination, all of the legal rights, obligations and liabilities that you and MetroSidebar have benefited from, been subject to (or which have accrued over time during the time in which the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination, and the provisions of paragraphs 10, 11 and 14.6 shall continue to apply indefinitely, to the maximum extent permitted by applicable law.

10. Warranty disclaimer

10.1 Nothing in these terms shall exclude or limit MetroSidebar’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. accordingly, only the limitations which are lawful in your jurisdiction will apply to you and MetroSidebar’S liability will be limited to the maximum extent permitted by law.

10.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”

10.3 In particular, MetroSidebar, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

(a) Your use of the services will meet your requirements;

(b) Your use of the services will be uninterrupted, timely, secure or free from error;

(c) Any information obtained by you as a result of your use of the services will be accurate or reliable; and

(d) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.

10.4 Any software or other material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such software or other material.

10.5 No advice or information, whether oral or written, obtained by you from MetroSidebar or through or from the services shall create any warranty not expressly stated in the terms.

10.6 to the maximum extent permitted by applicable law, MetroSidebar further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

11. Limitation of liability

11.1 Subject to paragraph 10.1 above, you expressly understand and agree that MetroSidebar, its subsidiaries and affiliates, and its licensors shall not be liable to you under these terms for:

(a) Any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; or

(b) Any loss or damage which may be incurred by you, including but not limited to, loss or damage as a result of any changes which MetroSidebar may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services).

11.2 The limitations on MetroSidebar’S liability to you in paragraph 11.1 above shall apply whether or not MetroSidebar has been advised of or should have been aware of the possibility of any such losses arising.

12. DMCA Notifications

12.1 It is MetroSidebar policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Notifications regarding any such alleged infringement should be emailed to contact@metrosidebar.com.

13. Changes to the Terms

13.1 MetroSidebar may make changes to these Terms or provide revised or additional terms from time to time. Please check these Terms periodically for changes. When these changes are made, MetroSidebar will make an updated version of these Terms available at http://metrosidebar.com/terms and indicate the date of last update. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. For example, we may provide notice through a pop-up or banner within the Services, by sending an email to any address you may have used in connection with the Services, or through other mechanisms. You understand and agree that if you continue to use the Services after the date upon which the Terms have been revised or changed, MetroSidebar will treat your use as acceptance of the updated Terms.

14. Other Miscellaneous Terms

14.1 The Terms constitute the whole legal agreement between you and MetroSidebar and govern your use of the Services (but excluding any services which MetroSidebar may provide to you under a separate written agreement), and completely replace any prior agreements between you and MetroSidebar in relation to the Services.

14.2 You agree that MetroSidebar may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

14.3 You agree that if MetroSidebar does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MetroSidebar has the benefit of under any applicable law), this will not be taken to be a formal waiver of MetroSidebar’s rights and that those rights or remedies will still be available to MetroSidebar.

14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.