Updated: November 10, 2018
Girema Holdings Limited. (“Lovely New Tab”) is pleased to provide wallpaper & search extensions (each, a ” Lovely New Tab”, and collectively, the ” Lovely New Tab”).
PLEASE READ THIS EULA CAREFULLY BEFORE ACCESSING OR USING ANY Lovely New Tab, for this End-User License Agreement governs your use of the Lovely New Tab and how we provide our Lovely New Tab extensions.
- Acceptance of terms
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.
This End-User License Agreement (“EULA”) is a legal agreement between you and the Lovely New Tab and its parent, affiliate and subsidiary companies (collectively, “Girema Holdings Limited”, “we”, “us” or “our”) for the Lovely New Tab.
By installing or otherwise using the Lovely New Tab, 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 another device in which the Lovely New Tab 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 New Tab from time to time that requires 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 New Tab and will not vary the terms of this EULA in relation to your use of existing Lovely New Tab (and, as such, we will not be required to notify you of such additional terms unless you also use the new Lovely New Tab).
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 New Tab, 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 New Tab 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 New Tab 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 New Tab.
- Age Requirement
You must be 13 years of age or older to install or to use the Lovely New Tab. 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 New Tab for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access a Lovely New Tab, 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 New Tab or associated features.
- 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 New Tab (including all updates thereto) solely for your lawful, personal, and non-commercial use.
- 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 New Tab or use the Lovely New Tab for the benefit of any third party. You may not install the Lovely New Tab 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 New Tab, except to remove our Lovely New Tab 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 New Tab, or attempt to do so for any reason. You may not access, create or modify the source code of any Lovely New Tab in any way. You do not have the right to and may not create derivative works of any Lovely New Tab. All modifications or enhancements to a Lovely New Tab remain the sole property of Girema Holdings Limited.
- B) Lovely New Tab Updates. We reserve the right to add or remove features or functions to the existing Lovely New Tab. When installed on your computer, the Lovely New Tab periodically communicates with our servers. We may require the updating of the Lovely New Tab on your computer when we release a new version of the Lovely New Tab, 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 New Tab. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Lovely New Tab.
- C) Mobile Usage. If you access a Lovely New Tab 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 New Tab may be prohibited or restricted by your network provider and not all Lovely New Tab may work with your network provider or device.
- Lovely New Tab Functionality
Lovely New Tab allows you to enjoy various features, functionalities, and services, which may change from time to time (collectively, the ” Lovely New Tab Functions”). The Lovely New Tab Services are provided by Girema Holdings Limited and third-party suppliers who offer content and services in conjunction with or through a Lovely New Tab (the “Third Party Partners”). The Lovely New Tab 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.
- Third-Party Partners
- A) Third-Party Services and Content. The Lovely New Tab may integrate, be integrated into, bundled, or be provided in connection with third-party services, feeds and/or content. If you are installing a Lovely New Tab 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 New Tab 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 New Tab. 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 New Tab, 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 New Tab 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 New Tab.
Lovely New Tab is exposed to various security issues and should be regarded as not secure. By accepting this Agreement, you acknowledge and accept that the Lovely New Tab and any information you download or offer to share by means of a Lovely New Tab, 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.
- Registration and Passwords
- A) Registration. Most Lovely New Tab will not require a registration: however, some Lovely New Tab 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.
- C) 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 New Tab, 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.
- A) Copyright Protection of content you display using our services. You are solely responsible for any Content you contribute, submit or display on or through your use of the Lovely New Tab(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 New Tab respects and expects its users to respect the rights of copyright holders. On notice, Lovely New Tab will act appropriately to remove content that infringes the copyright rights of others. Lovely New Tab reserves the right to disable the access to Lovely New Tab or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe a Lovely New Tab, or elements, infringe your copyright rights, Please contact Lovely New Tab, at Girema Holdings Limited’s headquarters as 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 New Tab may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Lovely New Tab’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 New Tab. None of the Submissions shall be subject to any obligation of confidence on the part of Lovely New Tab, and Lovely New Tab shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Lovely New Tab 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 New Tab will terminate a user’s access to a Lovely New Tab(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.
You understand that Lovely New Tab, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Lovely New Tab at any time. Further, Lovely New Tab, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Lovely New Tab or any of its component features. You agree that Lovely New Tab shall not be liable to you or any third-party for any termination or disabling of the Lovely New Tab.
- Disclaimer of Warranty
ALL LOVELY NEW TAB 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 LOVELY NEW TAB WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE LOVELY NEW TAB, WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE LOVELY NEW TAB OBTAINED WILL MEET YOUR EXPECTATIONS THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF AN LOVELY NEW TAB 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.
- 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:
- THE USE OR THE INABILITY TO USE THE LOVELY NEW TAB;
- (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 LOVELY NEW TAB. 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 LOVELY NEW TAB. 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 LOVELY NEW TAB, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
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 LOVELY NEW TAB, 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 CONVERTER OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
- Export Controls
The Lovely New Tab 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 New Tab, 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.
- Notice to Government End Users
Any Lovely New Tab 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 term 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
- 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.
- 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 New Tab. 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 New Tab 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 an unlawful, void, or for any reason which is unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.