Terms of Use

TERMS OF USE (ADBLOCK INC.)

These Terms of Use (the "Terms" or the "Agreement") apply to your use of the Services (as defined below) provided by Adblock Inc., 3120 Southwest Fwy, Ste. 101 PMB 99623, Houston, TX 77098-4520 ("AdBlock", "we", "us", or "our").

PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SERVICES. By downloading, using, or purchasing the Services (as applicable), you acknowledge that you have read these Terms and agree that you are legally bound by these Terms. If you do not agree to these Terms, do not download or purchase the Services (as applicable) and/or uninstall the Services from your browsers and devices.

We collect and process certain personal data to provide secure, efficient, and user-friendly experiences with the Services. For information on how we collect and process your personal data, please read our Privacy Policy.

1. General.

1.1 Services. We have developed various ad-filtering and VPN browser extensions and applications under the AdBlock brand (collectively, the "Services") which can be downloaded via our website and other domains. The Services allow you to--among other things--customize your web experience. With the Services, you can block annoying ads, disable tracking, block domains known to spread malware, and lots more. Additional information on the Services can be found here.

1.2 Premium Services. Premium subscriptions of the Services are also available for purchase. In addition to the features that are available under the free versions of the Services, the subscriptions of the Services also have additional premium features. Additional information on subscriptions of the Services can be found here.

1.2.1 Premium Services Effective Date. These Terms will become effective with respect to your use of the subscription of the Services on the date that you receive an e-mail confirmation of your purchase of the subscription and will continue in effect until your subscription is no longer active.

1.2.2 Multiple Installations. During the period of time that your subscription of the Services is active, you may install and re-install the subscription on all your supported devices without incurring any additional costs.

1.2.3 Premium Services Term and Termination.

1.2.3.1 These Terms will become effective with respect to your use of the subscription of the Services on the date that you receive an e-mail confirmation of your purchase of the subscription and will continue in effect until your subscription is no longer active.

1.2.3.2 At the end of each subscription period, your subscription of the Services will automatically renew for additional subscription periods that are each equal in duration to the subscription period that had just lapsed. For example:

1.2.3.2.1 For 1-year subscription periods, your subscription of the Services will automatically renew for additional 1-year subscription periods.

1.2.3.2.2 For 1-month subscription periods, your subscription of the Services will automatically renew for additional 1-month subscription periods.

1.2.3.3 You will be charged the then-current price for subscriptions of the Services that is valid at the time of your renewal.

1.2.3.4 You may terminate your subscription of the Services at any time during your subscription period.

1.3 Acceptable Ads. Certain Services will provide you with Acceptable Ads functionality. If Acceptable Ads is offered in the Service, nonintrusive ads may not be blocked when using the Services in order to support websites (learn more). You can disable the Acceptable Ads feature at any time (guidelines on how to disable Acceptable Ads). Disabling Acceptable Ads does not affect the other functionalities of the Services.

1.4 Minimum Age. You must be at least 18 years of age or older to use the Services and, by using the Services, you acknowledge and agree that you meet these age requirements.

1.5 Updates to these Terms. We reserve the right to change these Terms at our sole discretion. Changes to these Terms will be effective on the "Last Updated" date above. You should periodically review this webpage to see if changes have been made to these Terms. If we are required by law to notify you in advance of changed Terms, we will do so no less than 30 days before the "Last Updated" date above. For example, we may be required to notify you in advance if we make changes to these Terms that will negatively affect your rights in a material way under these Terms. If you continue to use the Services after the effective date of any changed Terms, you will be considered to have agreed to be bound by the changed Terms.

1.6 Updates and Upgrades; No Obligation. AdBlock is not obligated to maintain or support the Services, or to provide you with updates, upgrades or services related to the Services. You acknowledge that AdBlock may from time to time, in its sole discretion, issue updates or upgrades to the Services. You consent to such updating or upgrading on your computer, and agree that this Agreement will apply to all such updates or upgrades. Because the Services are evolving over time AdBlock may change or discontinue all or any part of the Services, at any time and without notice.

1.7 Export Regulation. The Services may be subject to the export control laws of various countries, including without limit Ireland and the United States. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside of the subject jurisdiction or country.

1.8 Additional Terms. Additional and/or supplemental terms may apply to your use of certain Services ("Additional Terms"). We will provide any such Additional Terms, including for or related to features of our Services that are provided by third parties, to you or post them on the Services to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any such Additional Terms, the Additional Terms will control solely for such particular use.

1.9 Ownership of the Services. You acknowledge and agree that, as between AdBlock and you, the Services are provided under license, and not sold, to you. You do not acquire any title or ownership interest in or to the Services, including any copy thereof, or any rights other than your right to use your copy of the applicable Services in accordance with the licenses granted to you in these Terms. Except as expressly granted to you in these Terms, we and our licensors reserve our entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights arising therefrom or related thereto. Further, we reserve all rights not expressly granted or waived in these Terms.

1.10 Additional Representations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2. License; License Restrictions.

2.1 Non-Permitted Use of the Services. Please note that some website owners may not permit ad filtering users to visit their websites. You agree that you will not use the Services in the following cases:

(a) You may not use the Services on any website on which you have agreed not to use ad filtering tools (e.g., by agreeing to Terms of Services on respective websites to not use any ad filtering tools).

(b) You may not use the Services in connection with any tools that circumvent technological measures that effectively control access to websites or certain website content.

2.2 GPL License Services. AdBlock's Chrome, Firefox, Edge, and Safari browser extension Services and AdBlock for Samsung Internet Services are licensed under the GPLv3 ("GPL License Services"). For the GPL License Services, the terms and conditions of the GPLv3 are hereby incorporated by reference and made a part of these Terms. GPL License Services also include any other Services which AdBlock describes are licensed under GPLv3.

2.3 License Terms for All Other Services. For all Services other than the GPL License Services, subject to your compliance with these Terms, AdBlock grants you a limited, revocable, non-exclusive, non-sublicenseable, and non transferable license, for your personal and non-commercial use, to ("License Terms"):

(a) download, install, and use, via a compatible web browser or mobile application, the Services to and on a compatible device that you own or control solely as expressly authorized and/or required by these Terms (each a "Device") strictly in accordance with the Services' documentation; and

(b) access, stream, download, and use on such Device all content and services made available in or otherwise accessible through the Services, strictly in accordance with these Terms and any terms applicable to such content and services.

2.4 License Restrictions. In connection with the License Terms, you shall not do any of the following:

(a) copy the Services, except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party or multiple users or devices for any reason, including, without limitation, use in an enterprise environment or use on multiple computers owned or operated by a company or other legal entity, or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of service;

(f) remove, disable, circumvent, or otherwise create or implement any work around to any copy protection, rights management, or security features in or protecting the Services;

(g) use the Services to post, upload, publish, submit or transmit any content, information or data, or commit any act, that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; or (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or

(h) if the Services include VPN functionality, do or attempt to do any acts prohibited by the acceptable use policy located at https://www.ipvanish.com/tos/#12, as our VPN provider may update from time to time; or

(i) use the Services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

2.5 Termination for Violation. If you violate any terms in this Section 2, without limiting any other rights we may have, we may terminate your access to the Services without notice and take any other actions or seek any remedies permitted by law and/or these Terms.

3. No Warranty/Disclaimer.

3.1 THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. ADBLOCK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ADBLOCK OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. ADBLOCK DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BLOCK ALL ADVERTISEMENTS, THAT THE SERVICES WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED. You acknowledge and understand, for example, that the Services may not be available during a maintenance or repair window, a power outage, or an internet service interruption.

3.2 You use the Services at your own risk. We do not make any representation or warranty that the Services will meet your requirements or function in an uninterrupted, timely, secure, or error-free manner. Without limiting the generality of the previous statements, we also do not make any representation or warranty that all ads will be blocked.

3.3 You acknowledge and understand that the filters that are used on the Services may occasionally result in blocked content. This is an unwanted side effect of some filters and cannot be completely avoided.

3.4 The Services by themselves do not have any functionality. They do not block anything until you "tell" them to block certain elements of a website by adding external filter lists to the Services. Filter lists are essentially an extensive set of rules that instruct the Services which elements of a website to block. You acknowledge and understand that we do not have any control over filter lists.

3.5 We encourage you to immediately report any errors or incorrect blocking of the Services that you may discover. These reports will help us improve the Services.

3.6 You acknowledge and agree that AdBlock is not responsible for any hardware or other software required to access and use the Services, including, without limitation, any loss or corruption of data or any other loss or damage of any kind arising from your use of such hardware or software.

3.7 The Services may display, include, or make available, or require use of, third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services ("Third-Party Materials"). You acknowledge and agree that AdBlock is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. AdBlock does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions which you agree to comply with.

4. Limitation of Liability.

4.1 ADBLOCK'S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO ADBLOCK BY YOU FOR THE SERVICES OR, IN THE EVENT THAT ADBLOCK HAS MADE THE SERVICES AVAILABLE TO YOU WITHOUT CHARGE, ADBLOCK'S TOTAL LIABILITY WILL BE LIMITED TO $50. IN NO EVENT WILL ADBLOCK BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, DAMAGES ARISING OUT OF LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE, OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES OR PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ADBLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

4.2 The limitations of liability made in Section 4.1 above also applies to AdBlock's affiliates and its and their legal representatives, employees, and vicarious agents if claims are asserted directly against them.

5. Indemnification.

You agree to indemnify, defend, and hold harmless AdBlock, its affiliates and its and their officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement, including but not limited to the content you submit or make available through the Services.

6. Termination.

AdBlock may terminate your right to access and use the Services, at its sole discretion, at any time and without notice or liability to you. You may terminate this Agreement and your right to access and use the Services at any time by sending an email to us at help@getadblock.com with your termination request. Upon any termination, discontinuation or cancellation of Services, any section of this Agreement which by its terms or in order to give effect to its meaning should survive termination or expiration will survive.

7. Miscellaneous Provisions

7.1 This Agreement will be governed by Texas law, and you and Adblock each irrevocably submit to the sole and exclusive jurisdiction of the federal and state courts located in the County of Harris, State of Texas. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

7.2 In the event that a circumstance beyond our reasonable control prevents us from providing you the Services in accordance with these Terms (each a "Force Majeure Event"), you acknowledge and agree that we have no obligation under these Terms to the extent and duration of such Force Majeure Event.

7.3 You may not assign or transfer this Agreement without AdBlock's prior written consent. AdBlock may freely assign these Terms.

7.4 All notices or approvals given by AdBlock under this Agreement will be communicated to you via notification through the Services or through other communications. All notices or approvals given by you under this Agreement will be communicated to AdBlock by email at info@getadblock.com.

7.5 This paragraph applies to any Services that you acquire from the Apple App Store or use on an Apple device. Apple has no obligation to furnish any maintenance and support services with respect to such Services. In the event of any failure of such Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the applicable Service's purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to such Services. Apple is not responsible for addressing any claims by you or any third party relating to such Services or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that such Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of such Services infringe that third party's intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

7.6 Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and AdBlock have executed a separate agreement. Your feedback and comments and suggestions for improvements to the Services (collectively, "Feedback") are welcome. If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. If you have any questions, complaints or claims about the Services, please contact us at Adblock Inc., 3120 Southwest Fwy, Ste. 101 PMB 99623, Houston, TX 77098-4520 or by email at help@getadblock.com.