KARBON PROJECT LP (“we”, “us” or “Company”) owns and operates a browser software
(“Software”). Your (“you”, “user(s)”) install and use of the Software and our
Services (as defined below) are governed by these Terms of Service (“Terms of
Service”), as well as our Privacy Policy (collectively “Terms”).
These Terms constitutes an electronic contract and legally binding agreement
between you and us. You hereby warrant that you are eligible to enter into these
Terms and you are at least 13 years old. Further, you hereby acknowledge that
these Terms enforces a class action waiver and arbitration provision as detailed
in the dispute resolution section below. By accessing, installing or using the
Software or the Service you hereby acknowledge that you have read, understood and
agreed to be bound by these Terms, as well as applicable laws and regulations,
when using our Service. If you do not agree to be bound by these Terms, you are
not authorized to access or use the Software or our Service in any manner.
Service and License
Our Software allows you personalize your browsing experience. The install and use
of the Software and the features provided, are collectively referred to herein as
the “Service(s)”. You may use the Services solely for your personal, non-
commercial use. Subject to your acceptance and compliance with these Terms, you
are granted with a limited, revocable, non-transferable, royalty-free license to
use the Service (“License”). You may Install the Software solely on a single
device owned or controlled by you.
Users’ Warranties and Restrictions of Use
You will use the Services in compliance with any applicable law. You agree and
undertake not to:
(i)circumvent, disable or otherwise interfere with security-related features of
the Software or Service;
(ii) copy, sell, lease, share, sublicense or distribute the or otherwise transfer
the Software or Service;
(iii) modify, create a derivative work, alter, reverse engineer, decompile,
disassemble, or otherwise attempt to access the Software’s source code;
(iv) remove, deface, obscure, or alter any copyright, trademarks, or other
proprietary rights;
(v)access the Services by any automated means, including scraping, crawling,
data-mining, or using any robot, spider, or any other automatic device; or
(vi) otherwise use the Services in illegal or fraudulent manner including,
without limitation, infringement or misappropriation of any intellectual property
rights or right of privacy of any third party or in breach of these Terms.
We reserve the right, at our sole discretion, to limit, deny or cancel some or
all of the functionality of the Service at any time, without prior notice. We
reserve the right to suspend, remove, restrict or disable your access to parts or
all of the Service at any time and without notice or liability, at our sole
discretion. In no event, will the Company be liable for the suspension, removal,
and restriction or disabling of your access to the Service or to any feature
available therein.
Title and Ownership
Other than the rights explicitly granted to you herein, we reserve all rights,
express or implied, in the Service including any derivatives, improvements and
modifications thereof and associated intellectual property rights. All
trademarks, service marks, product names, and trade names appearing on or through
the Service are owned by us or other third parties.
Third Party Content
The Services may include third party content or links to third party websites
(collectively, "Third Party Content"). Your use of Third Party Content available
through the Services is subject to the terms and conditions of the applicable
third party. We have no control over Third Party Content nor obligation to
examine, review or monitor such Third Party Content, and we are not responsible
for the accuracy, completeness, appropriateness or legality of Third Party
Content. Hence, any use of Third Party Content is at your sole risk and
responsibility. Further, Third Party Content available through the Service shall
not be considered as endorsed or authorized by us. We may delete or remove any
Third-Party Content without notification. You hereby waive any claim or legal
rights or remedies you may have against us with respect to Third Party Content.
Updates and Upgrades
We may, from time to time, and at our sole discretion, provide and install
automatic updates or upgrades to the Services. You hereby agree to receive such
updated or upgrades, without prior notification. If we believe any updates or
upgrades contain material changes, we will provide you with an applicable notice.
You acknowledge that your browser periodically checks for updates of all your
Softwares and these updates are governed by your browsers’ privacy policy and
terms which we recommend you to review.Without derogating the above, we are not
obligated to provide any new version of the Services.
Disclaimer of Warranties, Limitation of Liabilities
The company does not warrant, and is not obligated, to provide support, upgrades
or updates. The Company does not warrant that the Service will be available at
all time or operate without interruptions or errors and is not responsible for
any or unauthorized access or use in and to the Services. The Services and any
related features are provided “AS-IS” and “AS-AVAILABLE”, without warranty of any
kind. The Company hereby disclaims any and all warranties, to the maximum extent
permitted by applicable law, express or implied, including without limitation,
any warranties of design, operation, fitness for a particular purpose,
satisfaction, merchantability, or non-infringement. The entire risk arising from
any use or reliance on the Services is solely borne by you. Applicable law may
not allow the exclusion of certain warranties, so to that extent certain
exclusions set forth herein may not apply.
The Company, its officers, employees, licensors, affiliates, successors or
assigns shall not have any liability to you or any third party for any matter
arising out of these Terms or your use or inability to use the Services, whether
in contract, tort or otherwise, or for any damages, whether direct, indirect,
special, incidental, exemplary, punitive or consequential damages arising out of
the use or inability to use the Services, including for any loss or damage to
business earnings, loss of goodwill, lost profits, loss of data, computer damage
or system failure or costs of procurement of substitute goods or services,
suffered by you and/or any third party,even if we are or have been expressly
advised of the possibility of such damages. Your only right or remedy with
respect to any errors or dissatisfaction with the Services, is to cease using the
Services and uninstall. Notwithstanding the above, to the fullest extent possible
under applicable law, in no event shall the Company’s aggregate liability for any
claim arising out of or related to the Services or these Terms, exceed the cost
of the Services.
Indemnification
You will indemnify, defend, and hold the Company and its employees, officers,
directors, subsidiaries, affiliates or other partners, from and against all
claims, demands, suites, costs, damages, losses, liability, and expenses,
including legal expenses and reasonable attorneys' fees, arising of or incurred
as a result of your use of the Services, or your violation of these Terms. You
are solely responsible for your actions when using the Services.
Term and Termination
These Terms are valid as of the date in which you installed the Software. You may
stop using the Services and uninstall the Software at any time by using the
standard uninstall processes available by your browser. Without prejudice to any
other rights, the License granted herein and these Terms shall terminate
immediately, without notice, if you fail to comply with any provision of these
Terms. Further, we may terminate these Terms and discontinue, terminate, suspend
or modify any aspect of the Service at any time, with or without prior notice,
and with or without cause.
Privacy Practices
The Company respect its users’ privacy rights and thus, handle and store user’s
data solely for the purpose of providing and enabling the Service. Please review
our Privacy Policy prior to using the Service.
Dispute Resolution
If you have any dispute with us please first try to contact us and resolve any
issues there may be in an informal procedure. In the event the dispute cannot be
resolved in such informal and friendly manner, you and the Company hereby agree
to resolve any claim by binding and exclusively arbitration by the “AAA” (i.e.,
the American Arbitration Association). You agree that, by entering into these
Terms, you and the Company are each waiving the right to a trial by jury or to
participate in a class action. All claims must be brought in the parties’
INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported
class or representative proceeding and the arbitrator may not consolidate more
than one person’s claims. This provision will survive the termination of these
Terms. If you wish to opt-out of this arbitration provision, you must provide the
Company with a clear written statement of your wish to opt-out (“Opt-Out
Statement”). The Opt-Out Statement shall include your full name and residence
address. These Terms shall be governed by and construed in accordance with the
laws of the State of New York, without giving effect to any principles of
conflicts of law and will specifically not be governed by the united nations
conventions on contracts for the international sale of goods, if otherwise
applicable. You hereby agree to resolve any dispute you have with exclusively in
a state or federal court located in New York, Manhattan. Any cause of action you
might have relating to the Service is limited in time to one (1) year from the
arising incident, and will be permanently barred afterwards.
Changes to the Terms
We reserve the right, at our discretion, to revise or update these Terms at any
time. Such changes shall be effective upon publication of the amended Terms. The
last revision will be reflected in the “Last Modified” heading. YOUR CONTINUED
USE OF THE SERVICES THEREAFTER CONSTITUTES YOU CONSENT TO SUCH CHANGES AND YOU
AGREE TO BE BOUND BY THEM. PLEASE MAKE SURE TO REVIEW OUR TERMS PERIODICALLY.
Contact Us
If you have any questions about these Terms, or wish to report violators of these
Terms contact us through our contact email [email protected]