Last Updated: August 23, 2016
Girema Holdings Limited. (“Lovely Enjoy”) is pleased to provide you its desktop
downloadable search applications or extensions which are installed on your
computer (each, a ” Lovely Enjoy”, and collectively, the ” Lovely Enjoy”). PLEASE
READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE
ACCESSING OR USING ANY SOCOPOCO, for this End-User License Agreement
governs your use of the Lovely Enjoy and how we provide our Lovely Enjoy.
1. Acceptance of terms
THIS LICENSE AND TERMS OF USE AND THE LICENSOR PRIVACY POLICY
(TOGETHER, THIS “AGREEMENT”) GOVERN YOUR USE OF OUR WEBSITE,
PRODUCT AND PLUGIN. You may not use the product if (a) you are not of legal age
to form a binding contract with us, or (b) you are a person barred from receiving or
using the Plugin under the laws of the United States or other countries, including the
country in which you are resident or from which you use the product. Any person
who wishes to use our website and product must agree to this Agreement, as well as
all policies and guidelines incorporated by reference in this Agreement. This
Agreement is a legally binding agreement between you and Licensor. BY
DOWNLOADING, INSTALLING OR USING OUR PRODUCT OR PLUGIN, YOU
AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT
AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE
BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND
DO NOT USE OR DOWNLOAD THE PRODUCT.
2. Agreement
This End-User License Agreement (“EULA”) is a legal agreement between you and
the Lovely Enjoy and its parent, affiliate and subsidiary companies (collectively,
“Girema Holdings Limited”, “we”, “us” or “our”) for the Lovely Enjoy. By installing or
otherwise using the Lovely Enjoy, you: (a) agree to be bounded by the terms of this
EULA, (b) you are the owner or an authorized user of the computer or other device in
which the Lovely Enjoy will be installed, and (c) you represent and warrant that you
have the right, authority and capacity to enter into this agreement and to abide by all
its terms and conditions, just as if you had signed it. Girema Holdings Limited may
acquire or develop new Lovely Enjoy from time to time that require additional end
user license terms. In such case, we will add these additional provisions in a product
specific annex or section that will only apply to such new Lovely Enjoy and will not
vary the terms of this EULA in relation to your use of existing Lovely Enjoy (and, as
such, we will not be required to notify you of such additional terms unless you also
use the new Lovely Enjoy). Notice to consumers: Depending on the laws of the
jurisdiction where you live, you may have certain rights that cannot be waived
through this agreement, are in addition to the terms of this agreement, and/or certain
provisions of this agreement may be unenforceable as to you. By installing a Lovely
Enjoy, you will be installing a software application onto your computer or browser
which will appear on your desktop or within one or more of your Internet browsers.
The Lovely Enjoy will allow you to search the Internet, and may provide you with
additional features as further described in this EULA. During the download of a
Lovely Enjoy you may also be offered the opportunity to set your browser homepage,
start page, new tab page and/or default search setting(s) to our search service. If
you do not wish to reset your setting(s), you can decline/opt-out of the setting(s)
change by unchecking the appropriate checkbox during the installation process for
the relevant Lovely Enjoy.
3. Age Requirement
You must be 13 years of age or older to install or to use the Lovely Enjoy. If you are
at least 13 but not yet 18 years of age, please have your parent or legal guardian
review this EULA with you, discuss any questions you might have, and install the
Lovely Enjoy for you. NOTICE TO PARENTS AND GUARDIANS: By granting your
child permission to download and access a Lovely Enjoy, you agree to the terms of
this EULA on behalf of your child. You are responsible for exercising supervision over
your children’s online activities. If you do not agree to this EULA, do not let your child
use the Lovely Enjoy or associated features.
4. Grant of Licenses
Subject to your compliance with the terms and conditions of this EULA, Girema
Holdings Limited grants you a limited, non-exclusive, revocable, non-sublicensable,
non-transferable license, to access, download and install the most current generally
available version of the Lovely Enjoy (including all updates thereto) solely for your
lawful, personal, and non-commercial use.
5. Description of Other Rights and Limitations
A) Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy
(other than a single copy for your own backup purposes), or in any way transfer the
Lovely Enjoy or use the Lovely Enjoy for the benefit of any third party. You may not
install the Lovely Enjoy on any computer without permission from the owner of that
computer. You agree that you will not use any robot, spider, other automatic or
manual device or process to interfere or attempt to interfere with the proper working
of the Lovely Enjoy, except to remove our Lovely Enjoy from a computer of which
you are an owner or authorized user. You may not violate or attempt to violate the
security of our services. You may not modify, reverse-engineer, decompile,
disassemble, or otherwise tamper with any Lovely Enjoy, or attempt to do so for any
reason. You may not access, create or modify the source code of any Lovely Enjoy
in any way. You do not have the right to and may not create derivative works of any
Lovely Enjoy. All modifications or enhancements to a Lovely Enjoy remain the sole
property of Girema Holdings Limited. B) Lovely Enjoy Updates. We reserve the right
to add or remove features or functions to existing Lovely Enjoy. When installed on
your computer, the Lovely Enjoy periodically communicates with our servers. We
may require the updating of the Lovely Enjoy on your computer when we release a
new version of the Lovely Enjoy, or when we make new features available. This
update may occur automatically or upon prior notice to you, and may occur all at
once or over multiple sessions. You understand that we may require your review and
acceptance of our then-current EULA before you will be permitted to use any
subsequent versions of the Lovely Enjoy. You acknowledge and agree that we have
no obligation to make available to you any subsequent versions of the Lovely Enjoy.
C) Mobile Usage. If you access a Lovely Enjoy through a mobile network, your
network or roaming provider’s messaging, data and other rates and fees may apply.
Downloading, installing or using certain Lovely Enjoy may be prohibited or restricted
by your network provider and not all Lovely Enjoy may work with your network
provider or device.
6. Lovely Enjoy Functionality
Lovely Enjoy allow you to enjoy various features, functionalities and services, which
may change from time to time (collectively, the ” Lovely Enjoy Functions”). The
Lovely Enjoy Services are provided by Girema Holdings Limited and third party
suppliers who offer content and services in conjunction with or through a Lovely
Enjoy (the “Third Party Partners”). The Lovely Enjoy Functions may be provided via
your desktop, within your browser (which may include both your active browser and
any other compatible Internet browser(s) resident on your computer), or within
separate browser windows displayed over or under your principal browser window or
by other means. Storage and Processing: Girema Holdings Limited, its Affiliates, or
Service Providers may transfer information that we collect about you, including
personal information across borders and from your country or jurisdiction to other
countries or jurisdictions around the world. If you are located in the European Union
or other regions with laws governing data collection and use that may differ from
U.S. law, please note that we may transfer information, including personal
information, to a country and jurisdiction that does not have the same data protection
laws as your jurisdiction. By downloading, registering for and/or using Girema
Holdings Limited’s Services, you consent to the transfer of information to the U.S. or
to any other country in which Girema Holdings Limited, its Affiliates or Service
Providers maintain facilities and the use and disclosure of information about you as
described in this Privacy Policy. This site does not use encryption measures for
photos or information you upload. Therefore, information that you upload by use of
this site (as with any site that is non-encrypted), potentially could be collected and
used by others. This may result in use of such information by third parties for their
own purposes, legal or illegal. While we strive to protect your personal information,
Girema Holdings Limited cannot ensure or warrant the security of any information or
photos you transmit to us, and you do so at your own risk.
7. Third-Party Partners
A) Third-Party Services and Content. The Lovely Enjoy may integrate, be integrated
into, bundled, or be provided in connection with third-party services, feeds and/or
content. If you are installing a O Lovely Enjoy that includes third party services and
third party content, such services and content are subject to such third party’s terms
of services and privacy policies, which may be found on the relevant Third Party
Partner’s website. Lovely Enjoy may provide access to search results or other links
to Third Party Partner websites or resources. Girema Holdings Limited has no
control over such sites and resources, in which you acknowledge and agree that
Girema Holdings Limited is not responsible for the availability of such external sites
or resources, and does not endorse nor responsible or liable for any content,
advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Girema Holdings Limited shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such Content (as
defined below), goods or services available on or through any such site or resource.
B) Access to Third-Party Services and Content through Lovely Enjoy. All services,
feeds and content, including without limitation, all data, links, articles, graphic or
video messages and all information, text, software, music, sound, graphics or other
materials (“Content”) made available or accessible through a Lovely Enjoy, whether
publicly available or privately transmitted, is the sole responsibility of the entity or
person from whom it originated. You hereby acknowledge and agree that by using a
Lovely Enjoy you may be exposed to Content that may be offensive, indecent or
objectionable in your community. You agree to accept all risks associated with the
use of any Content, including any reliance on the accuracy or completeness of such
Content. Under no circumstances will Girema Holdings Limited be liable in any way
for any Content created by or originating with entities other than Girema Holdings
Limited, including, but not limited to, any errors or omissions in any such Content, or
for loss or damage of any kind incurred as a result of the transmission or posting of
such Content by means of a Lovely Enjoy.
8. Security
Lovely Enjoy are exposed to various security issues, and should be regarded as
unsecure. By accepting this Agreement, you acknowledge and accept that the Lovely
Enjoy and any information you download or offer to share by means of a Lovely
Enjoy, may be exposed to unauthorized access, interception, corruption, damage or
misuse, and should be regarded as insecure. You accept all responsibility for such
security risks and any damage resulting therefrom.
9. Registration and Passwords
A) Registration. Most Lovely Enjoy will not require a registration: however, some
Lovely Enjoy may permit or require you to create an account to participate or access
additional features or functionalities (“Registration”). If such Registration is required,
it will be made known to you when you attempt to participate or access such
additional features or functionalities, associate website or specific service. Any
registration required by a Third Party Partner is not governed by this EULA and you
should refer to the relevant Third Party Partner’s website for their policies. B)
Passwords. You are the sole and exclusive guardian of any password and ID
combination issued or chosen by to you. Maintaining the confidentiality and security
of your Password(s) and ID(s) is solely your responsibility. You are fully responsible
for all transactions undertaken by means of any account opened, held, accessed or
used via your password and ID. You shall notify us immediately and confirm in
writing any unauthorized use of accounts or any breach of security, including without
limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any
related account. If we have reasonable grounds to suspect that the security of your
Password and/or ID has been compromised, we may suspend or terminate your
account, refuse any and all current or future use of the services, and pursue any
appropriate legal remedies. We shall not be responsible for any losses incurred in
connection with any misuse of any Password or ID. B) Provided Information. If you
provide any information in connection with a Registration, you must provide and
maintain accurate, complete and current information. If we have reasonable grounds
to suspect that your information is inaccurate, not current or not complete, we may
suspend or terminate your use of the Lovely Enjoy, and pursue any appropriate legal
remedies. You agree that we shall have the right to use the information you provide
to us for the purposes described in this EULA and in furtherance of your use of our
services.
9. Un-install/Removal of a Lovely Enjoy
You can easily uninstall a Lovely Enjoy by: • a. Chrome – right clicking the extension
icon on the menu bar and clicking “remove from chrome”. • b. Firefox – clicking
“menu” -> “Add-ons” -> “Extensions” -> Pressing “remove” button of the extension.
10. Intellectual Property Lovely Enjoy, including all code, content, protocols,
software, and documentation provided to you by Lovely Enjoy are Lovely Enjoy
property or the property of Lovely Enjoy’s licensors, and are protected by U.S. and
international copyright, trademarks, patents and other proprietary rights and laws
relating to Intellectual Property Rights. You may not delete, alter, or remove any
copyright, trademark, or other proprietary rights notice we have placed on the Lovely
Enjoy. All rights not expressly granted hereunder are expressly reserved to Licensor
and its licensors. The Lovely Enjoy name, logos and affiliated properties, are the
exclusive property of Lovely Enjoy. All other trademarks appearing on any Lovely
Enjoy are trademarks of their respective owners. Our partners or service providers
may also have additional proprietary rights in the content which they make available
through a Lovely Enjoy. The trade names, trademarks and service marks owned by
us, whether registered or unregistered, may not be used in connection with any
product or service that is not ours, in any manner that is likely to cause confusion.
Nothing contained in herein should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any of our trade names, trademarks
or service marks without our express prior written consent.
11. Copyright/Submissions
A) Copyright Protection of content you display using our services. You are solely
responsible for any Content you contribute, submit or display on or thorough your
use of the Lovely Enjoy(s). It is your obligation to ensure that such content, including
photos, text, video and music files, is not violating any copyright. You must either
own or have a license to use any copyrighted content that you contribute, submit or
display. B) Lovely Enjoy respects and expects its users to respect the rights of
copyright holders. On notice, Lovely Enjoy will act appropriately to remove content
that infringes the copyright rights of others. Lovely Enjoy reserves the right to disable
the access to Lovely Enjoy or other services by anyone who uses them to repeatedly
infringe the intellectual property rights of others. If you believe a Lovely Enjoy, or
elements, infringe your copyright rights, Please contact Lovely Enjoy Copyright
Agent at: CONVERTOR LTD Stratigou Spyrou Stathopoulou, 14B, 3066, Limassol,
Cyprus Please ensure you communication includes the following: an electronic or
physical signature of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that you claim has been
infringed; a description of where the material that you claim is infringing is located on
the site; your address, telephone number, and email address; a statement by you
that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf. C)
Objectionable Content. Lovely Enjoy may also act to remove Objectionable Content.
The decision to remove Objectionable Content shall be made at Lovely Enjoy’s sole
discretion. “Objectionable Content” includes, but is not limited to: Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous
Content that is hateful, or advocates hate crimes, harm or violence against a person
or group Content that may harm minors in any way Content that has the goal or
effect of “stalking” or otherwise harassing another Private information about any
individual such as phone numbers, addresses, Social Security numbers or any other
information that is invasive of another’s privacy Content that is vulgar, offensive,
obscene or pornographic Unsolicited or unauthorized advertising, promotional
materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form
of solicitation Material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment D) Ownership of
Content You Submit. Unless otherwise set forth at the point of submission, you retain
ownership of all rights in any Content that you submit, through the use of the
Website. However, you grant us permission to use such Content in any way we see
fit, for instance for the purposes of marketing and/or promotion of the Services. If, at
our request, you send content (such as contest submissions, polling questions) or
you send us creative suggestions, ideas, notes, drawings, or other information
(collectively, the “Submissions”), such Submissions shall be deemed, and shall
remain, the property of Lovely Enjoy. None of the Submissions shall be subject to
any obligation of confidence on the part of Lovely Enjoy, and Lovely Enjoy shall not
be liable for any use or disclosure of any Submissions. Without limitation of the
foregoing, Lovely Enjoy shall exclusively own all now known or hereafter existing
rights to the Submissions of every kind and nature throughout the universe and shall
be entitled to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the Submissions.
E) Repeat Infringer Policy. Lovely Enjoy will terminate a user’s access to a Lovely
Enjoy(s) if, under appropriate circumstances, the user is determined to be a repeat
infringer. F) No Intended Third Party Beneficiaries. No third party is an intended
beneficiary of this License.
12. Termination
You understand that Lovely Enjoy, in its sole discretion, may modify or discontinue or
suspend your right to access any of our services or use of any Lovely Enjoyat any
time. Further, Lovely Enjoy, with or without any reason, may at any time suspend or
terminate any license hereunder and disable the Lovely Enjoy or any of its
component features. You agree that Lovely Enjoy shall not be liable to you or any
third-party for any termination or disabling of the O Lovely Enjoy.
13. Disclaimer of Warranty
ALL SOCOPOCO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,
AND YOU USE THEM AT YOUR SOLE RISK. CONVERTOR EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM
COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR
OTHERWISE. WITHOUT LIMITATION, CONVERTOR MAKES NO WARRANTY
THAT THE SOCOPOCO WILL MEET YOUR REQUIREMENTS, THAT THEY WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE
RESULTS OBTAINED FROM THE USE OF THE SOCOPOCO WILL BE ACCURATE
OR RELIABLE, OR THAT THE QUALITY OF THE SOCOPOCO OBTAINED WILL
MEET YOUR EXPECTATIONS THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF AN SOCOPOCO REMAINS SOLELY WITH YOU.
CONVERTOR EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO
PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY
NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS AGREEMENT.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONVERTOR SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF CONVERTOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE
INABILITY TO USE THE SOCOPOCO; (II) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO
THE SOCOPOCO. IN NO EVENT SHALL CONVERTOR’S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
AN SOCOPOCO. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS
DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE
UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY
WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30)
DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SOCOPOCO,
AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
15. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CONVERTOR,
ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS,
DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL
THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT
NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE
SOCOPOCO, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR
INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY
INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
YOU AGREE TO IMMEDIATELY NOTIFY CONVERTOR OF ANY UNAUTHORIZED
USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO
YOU.
16. Export Controls
The Lovely Enjoy and the underlying information and technology may not be
downloaded or otherwise exported or re-exported (a) into (or to a national or resident
of) any country to which the U.S. has currently embargoed goods; or (b) to anyone
on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S.
Commerce Department’s Table of Deny Orders. By downloading or using the Lovely
Enjoy, you agree to the foregoing and you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country or on
any such list, and that you will otherwise comply with all applicable export control
laws.
17. Notice to Government End Users
Any Lovely Enjoy installed for or on behalf of the United States of America, its
agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted
Rights as “commercial Items,” as that terms is defined at 48 C.F.R. §2.101,
consisting of “Commercial Computer Software” and “Commercial Computer Software
Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48
C.F.R. §12.212), the U.S. Government shall have only those rights specified in the
license contained herein. The U.S. Government shall not be entitled to (i) technical
information that is not customarily provided to the public or to (ii) use, modify,
reproduce, release, perform, display, or disclose commercial computer software or
commercial computer software documentation except as specified herein. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as
applicable.
18. Governing Law and Other Miscellaneous Terms
The substantive laws of the State of New York in the United States of America,
without regard to conflict of laws principles, shall govern all matters relating to or
arising from this EULA, and the use (or inability to use) the Lovely Enjoy. You hereby
submit to the exclusive jurisdiction and venue of the appropriate State and Federal
courts located in New York County, New York, with respect to all matters arising out
of or relating to this EULA. No failure or delay by Lovely Enjoy in exercising any right,
power or privilege under this EULA will operate as a waiver thereof, nor will any
single or partial exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, power, or privilege under this
EULA. If any provision of this EULA shall be found unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms and
shall not affect the validity and enforceability of any remaining provisions.
