Terms

BY USING THIS WEB SITE OR THE SOFTWARE YOU INDICATE YOUR AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE OR THE SOFTWARE.

TERMS OF USE

  1. ACCEPTANCE OF TERMS AND SOFTWARE DOWNLOAD

ILeviathan, LLC–referenced below as “ILeviathan,”–provides its Services to you, subject to the following Terms of Use (“Terms of Use”). By using or registering with our Services you agree to the terms and conditions of these Terms of Use. These Terms of Use may be amended or modified from time to time without notice to you, and continued use of the Services by you is considered acceptance of any such amendments or modifications. You are responsible for regularly reviewing these Terms of Use. Software that is made available to download from the ILeviathan web sites or other distribution methods (including but not limited to bundles and publisher links) (“Software”) is the copyrighted work of ILeviathan and/or its suppliers. Your use of the Software is governed by the Terms of Use. You may not install or use any Software unless you first agree to the Term of Use. As between the parties hereto, all Software is owned by ILeviathan, its affiliates and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF USE. Subject to these Terms of Use, ILeviathan hereby grants you and you hereby accept, a nonexclusive, non-transferable license to use the Software. The nonexclusive non-transferable license granted herein is for use of the Software only on the installed computer that is owned or controlled by you. (a) You shall not de-compile, disassemble or otherwise reverse-engineer the Software or any portion thereof, nor modify or adapt the software or documentation, nor create any derivative works from the Software. In addition, you agree that any alterations, modifications or adaptations to the Software made by you (even in breach of this Agreement) shall be the sole and exclusive property of ILeviathan. By downloading the Software you hereby assign such alterations, modifications and adaptations to ILeviathan. (b) You shall not sell, lease, rent or sublicense the Software. Notwithstanding anything in this Term of Use to the contrary, in the event of a breach of this Section by you, THE RIGHT TO USE THE SOFTWARE SHALL AUTOMATICALLY TERMINATE.

  1. THE SERVICE

ILeviathan and/or its affiliates have developed and are the owner of certain technology which among other things, allows one to submit a product image as a search query and receive visually identical or similar results (the “Technology“). ILeviathan provides users with the following online services (collectively the “Services“):

  1. ILeviathan Service – a browser add-on that allows users to perform visual search on products from thousands of stores. The service will display “See More” icons next to product images on online stores. After hovering or clicking on this icon, a window will appear showing deals relevant for that item and/or similar/related products. This Service may also present deals, coupons and/or other services on relevant product pages. In some cases by clicking on a presented offer, the user will be redirected to the partner’s (aka advertiser’s) site via affiliate cookies. If you wish to uninstall the Software kindly follow the following uninstall instructions:
  2. – Uninstall instructions for Internet Explorer browser for Windows:
    1. Go to Control Panel > Uninstall a Program
    2. Select ILeviathan > Uninstall
  3. – Uninstall instructions for Firefox:
    1. Within your browser, go to Firefox > Add-ons > Extensions
    2. Select ILeviathan > Disable or Remove
  4. – Uninstall instructions for Chrome:
    1. Within your browser, go to the Chrome Settings (the three horizontal line icon on the right) > Tools > Extensions
    2. Search for ILeviathan> Uncheck the “enabled” box or click the Garbage Can to remove.
    3. **Please note that on uninstall, remnants of ILeviathanmay remain in your local drive. To remove these remnants, go to Chrome Settings > Advanced Settings > Clear Browsing Data **
  5. Publisher Service – ILeviathan provides image ads upon websites incorporating the Technology
  6. API Service – ILeviathan provides the Services via an application program interface incorporated into certain applications developed by third parties.

Unless explicitly stated otherwise, any new feature(s) that augments or enhances the current Service will be subject to these Terms of Use. You understand and agree that the Service is provided “AS-IS” and that ILeviathan assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.

  1. PERSONAL AND NON-COMMERCIAL USE ONLY

Unless otherwise specified, the ILeviathan web site, Services and/or Software are for your personal and non-commercial use only, except to the extent an API License Agreement or a Publisher Agreement was executed between ILeviathan and you and in such event any commercial use shall be governed by the terms and conditions set forth therein. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.

  1. YOUR REGISTRATION OBLIGATIONS

If you submit registration information to ILeviathan by submitting the following registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data“), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ILeviathan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ILeviathan has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.

  1. ILEVIATHAN PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information please see our Privacy Policy

  1. RESPONSIBILITY FOR CONTENT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content“), whether publicly posted or privately transmitted via the Services, are the sole responsibility of the person who provided such Content. ILeviathan does not pre-screen or monitor or control the Content accessible via the Services and, as such, does not guarantee the accuracy, integrity, quality or lawfulness of such Content. You understand that by using the Services, you may be exposed to third party Content that is offensive, indecent, objectionable or even hateful or obscene. Under no circumstances will ILeviathan be liable in any way for any third party Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Services. You understand that by using the Services you will be transferred to online merchants or other third party sites. ILeviathan does not sell any goods or services to consumers and nothing on this site shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through third party websites. You are advised to read third party retailers’ Terms and Conditions, Shipping, Return, Warranty, and Privacy Policies before making a purchase. You acknowledge that ILeviathan is not responsible for the products, services, or descriptions of those products or services that you receive from third party sites. ILeviathan is not responsible for pricing errors on third party sites, and make no guaranties as to the pricing of any products. You are also cautioned to carefully read the terms and conditions of any offers or promotions from third party retailers. You agree that you must evaluate, and shall solely bear, all risks associated with use of any third party sites to purchase products and services via the Services and any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree that ILeviathan shall have no liability whatsoever with respect to such third party sites and your usage of them. In order to provide you better service, ILeviathan has cooperated with Software Developer and may provide you with coupons to purchase various products and/or the opportunity to enter the coupon program provided by Software Developer. Without derogating from the generality of the provisions of this Section 6 above, such coupons and the coupon program are offered by Software Developer, and ILeviathan has no control over the content and terms of such offers. ILeviathan does not warrant, endorse, guarantee, or assume responsibility for the coupons and/or Coupon Program. Please refer to Software Developer Terms of Service and Privacy Policy and review it to determine your rights and obligations in connection with such offers prior to accepting such offer.

 

  1. RULES OF CONDUCT. You agree to use the Services only in a manner allowed by these Terms of Use (such use, including without limitation the following specific examples, will be referred to as “Rules of Conduct“). By way of example, and not as a limitation, you agree that you will not:
  • Promote, host, display or implement the Services on any websites that: (1) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by ILeviathan), defamatory, libelous, obscene, gambling related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email (spam), or any illegal subject matter or activities or otherwise offensive content, or content addressed to individuals under the age of 18; (2) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (3) are an incentive-based web site, such as a lottery or sweepstakes site which rewards users for clicking on links; (4) engage in activities that violate the ILeviathan Privacy Policy; (5) openly encourage users to click on banner ads or other sponsored links to support the site; or (6) infringe any right of any third party or violate any applicable law or regulation;
  • Delete or in any manner alter any copyright, trademark or other proprietary rights notices of ILeviathan or placed by ILeviathan ;
  • Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by ILeviathan or by applicable statutory law), modify or alter any part of the Software ;
  • Make representations with respect to ILeviathan not approved in advance and in writing by ILeviathan. You shall obtain ILeviathan’s prior written approval to the content of any marketing message, and with respect to any use of ILeviathan’s trade name and/or trademarks and/or designs in connection with the Services ;Authorize or encourage any third party to: (1) directly or indirectly generate queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (2) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (3) engage in any action or practice that reflects poorly on ILeviathan or otherwise disparages or devalues ILeviathan’s reputation or goodwill;
  • Modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services, or create or attempt to create a substitute or similar service or product through use of or access to the Services or proprietary information related thereto;
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

Failure to comply with the Rules of Conduct may result in deletion of the offending content without prior notice and/or termination of your use of the Services.

  1. REMOVAL AND PRESERVATION OF CONTENT

You acknowledge that ILeviathan does not pre-screen or monitor third party Content, you acknowledge and agree that ILeviathan shall not be responsible for any third party Content, including without limitation, photographs, images or other content.

  1. COMPLIANCE WITH LAWS

By using the Services you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations that govern your use of such Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and to comply with any other local laws affecting the transmission of Content or affecting the privacy of persons.

  1. INDEMNITY

You agree to indemnify and hold ILeviathan, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Terms of Use, or your violation of any rights of another.

  1. PAYMENT

Access to our Services and use of selected features of our Services is currently free of charge. ILeviathan may, at our sole discretion, change this policy and begin charging for access to our Services and other features and services, and ILeviathan may, at its sole discretion, add, remove or change the features and Services ILeviathan offer or the fees (including the amount or the type of fees) ILeviathan charges at any time. If ILeviathan introduce a new Service for which fees are applicable, ILeviathan will publish the fees for that Service at the launch of the Services. If ILeviathan impose new fees or change the fees for an existing Service, such new or revised fees shall automatically be effective thirty (30) days after they are initially posted on our website. Once fees and changes become effective you agree to pay all fees and charges specified and all applicable taxes for the Services provided and benefits received. ILeviathan is not responsible for any charges or expenses you incur resulting from being billed by ILeviathan in accordance with these Terms of Use (e.g., overdrawn accounts, exceeding account limits, etc.)

  1. USE AND STORAGE

You acknowledge that ILeviathan may establish general practices and limits concerning use of the Services. You further acknowledge that ILeviathan reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  1. MODIFICATIONS TO SERVICES

ILeviathan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that ILeviathan will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

  1. TERMINATION

ILeviathan may in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that ILeviathan may immediately deactivate or delete your account (if applicable) and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that ILeviathan will not be liable to you or any third-party for any termination of your access to the Services.

  1. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in purchase of goods, use of coupons, promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ILeviathan will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

  1. LINKS, SEARCH ENGINES

The Services may provide, or third parties may provide, links to other World Wide web sites or resources (“Linked Sites“). The Linked Sites are not under the control of ILeviathan and ILeviathan is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ILeviathan is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by ILeviathan of the site or any association with its operators. You acknowledge and agree that ILeviathan will 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, goods or services available on or through any such site or resource.

  1. PROPRIETARY RIGHTS

You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or otherwise presented through the Services or its advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ILeviathan, you may not copy, modify, rent, lease, loan, sell, distribute, or create derivative works of the Services or its Contents, in whole or in part.

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND THE SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. ILEVIATHAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE.
  2. ILEVIATHAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ILEVIATHAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
  3. ILEVIATHAN MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN CONNECTION WITH THE SERVICES WILL BE CORRECTED, and (vi) THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  5. ILEVIATHAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, COUPON OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOFTWARE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ILEVIATHAN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
  6. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ILEVIATHAN 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 LOSSES (EVEN IF ILEVIATHAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY THIRD PARTY WEB SITES LINKED TO THE SITE OR PROVIDED UNDER THE SERVICES AND THE USE THEREOF OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. By using the Software and Services you expressly agree that the limitations on ILeviathan’s liability contained in these Terms of Use are reasonable and constitute a material inducement to ILeviathan providing the Software and Services, without which ILeviathan would not provide the Software or Services.

  1. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

  1. ILEVIATHAN MARKS

“ILeviathan” and other ILeviathan logos and product and service names are trademarks of ILeviathan (the “ILeviathan Marks“). Without ILeviathan’s prior permission, you agree not to display or use in any manner the ILeviathan Marks.

  1. NOTICES

Notices to you may be made via either e-mail or regular mail. The Services may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Services. You agree that all agreements, notices, disclosures and any other communications that ILeviathan provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. GENERAL INFORMATION

Unless otherwise specified in these Terms of Use, this agreement constitutes the entire agreement between yourself and ILeviathan with respect to use of the ILeviathan web sites and services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between yourself and ILeviathan with respect to use of the ILeviathan web sites and services, except to the extent an API License Agreement or a Publisher Agreement was executed between the ILeviathan and yourself. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You also may be subject to additional terms and conditions that may apply when you use affiliate services, Web sites linked to or from our Web site or as a result of our Services, third-party content or third-party software. You are hereby notified and agree that persons and entities which have licensed software to ILeviathan for inclusion in the Software are third party beneficiaries of these Terms of Use with rights of enforcement with respect to their software product(s) included in the Software. This Term of Use shall be governed by and construed under the laws of the State of California, without reference to conflict of laws principles. Exclusive jurisdiction and venue for all disputes arising from this Agreement shall be the competent courts located in Santa Clara County, CA and each Party hereby agrees to submit to the jurisdiction thereof; however, ILeviathan shall retain the right to institute proceedings including for interlocutory, injunctive and/or other equitable relief in any other jurisdiction. In the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of ILeviathan’s assets, or similar transaction, you agree that this Term of Use, all rights herein, and all incorporated agreements may be automatically assigned by ILeviathan at our sole discretion, to one or more third parties. The failure of ILeviathan to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ILeviathan as a result of this agreement or use of the ILeviathan web sites and Services. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. ILeviathan’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ILeviathan’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ILeviathan web sites or Services, or information provided to or gathered by ILeviathan with respect to such use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.