Last Updated: May 23, 2021
Vimaok Limited is pleased to provide you its non-mobile downloadable search applications including browser extensions/add-ons which are installed on your computer (each, a "Vimaok Product", and collectively, the "Vimaok Products"). PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY Vimaok Products, for this End-User License Agreement governs your use of the RM Products and how we provide our Vimaok Products. We have recently updated our policies and we are in the process of translating it into several languages. If you do not have an appropriate language option and you have any questions please contact us via the methods described below.
This End-User License Agreement ("EULA") is a legal agreement between you and Vimaok Limited. and its parent, affiliate and subsidiary companies (collectively, "Vimaok", "we", "us" or "our") for the Vimaok Products. By installing or otherwise using the Vimaok Products, 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 mobile device in which the Vimaok Product 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. The terms of this EULA also applies to any Vimaok Product updates, supplements, and services. If you do not agree to the terms of this EULA, do not install or use the Vimaok Products. Vimaok may amend these terms from time to time. If you do not agree with any amendment, you must discontinue using the RM Products.
Vimaok may acquire or develop new Vimaok Products from time to time that require additional end user license terms. In such case, we may add these additional provisions in a product specific annex or section that will only apply to such new Vimaok Product and will not vary the terms of this EULA in relation to your use of existing Vimaok Products (and, as such, we will not be required to notify you of such additional terms unless you also use the new Vimaok Products).
If you have any questions or concerns regarding the terms herein, please email Vimaok at [email protected]. Do not use the Vimaok Products until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
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. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group. By downloading a Vimaok Product, you will be installing a software application, browser extension and/or changing browser settings (e.g., to set a “new tab” or “home page” in your browser) within one or more of your Internet browsers and/or onto your computer (depending on the product). The Vimaok Product will allow you to search the Internet, and may provide you with additional features as further described in this EULA.
You must be 13 years of age or older to install or to use the Vimaok Products (unless you resident in the EEA, in which you must be 16). If you are at least 13 (or 16 in the EEA) 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 Vimaok Products for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access a RM Product, 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 Vimaok Products or associated features. If you are the parent or guardian of a child under 13 (or 16 in the EEA) and believe that he or she is using the Vimaok Products, please contact us at [email protected].
Subject to your compliance with the terms and conditions of this EULA, Vimaok 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 Vimaok Products (including all updates thereto) solely for your lawful, personal, and non-commercial use.
Vimaok Products allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the "Vimaok Product Functions"). The Vimaok Product Services are provided by Vimaok and third party suppliers who offer content and services in conjunction with or through an Vimaok Product (the ""Third Party Partners"). The Vimaok Product 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. Vimaok Products Functions may provide you with Internet search functionalities (for example, via a search box located within the Vimaok Product itself), the ability to reset your homepage, start page and/or tab page, the ability to reset your browser default search setting (thereby allowing you access to our Internet set features via your browser's address bar, omnibox and/or chrome search box), and/or links to other Vimaok products or websites.
We have security measures in place that are designed to safeguard and help prevent unauthorized access to information we collect online through our Vimaok Products. We utilize both industry and proprietary standards to preserve the confidentiality of information. We seek to limit access to our users' information to employees who we believe reasonably need access to that information to provide products or services to you or in order to perform their jobs. Unfortunately, no security system can be 100% secure; accordingly, we cannot guarantee the security of the information that we collect online.
You can easily uninstall a Vimaok Product by either: (1) following the steps described in Windows Add/Remove programs dialog found in the control panel, or (2) clicking on the "help" or "setting" button within the Vimaok Product and following the steps to "uninstall".
The Vimaok Products, including all code, content, protocols, software, and documentation provided to you by Vimaok are Vimaok's property or the property of Vimaok's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Vimaok Products. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors.
The Vimaok name, logos and affiliated properties, are the exclusive property of Vimaok Limited. All other trademarks appearing on any Vimaok Product 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 an Vimaok Product. 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.
You understand that Vimaok, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Vimaok Products at any time. Further, Vimaok, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Vimaok Products or any of its component features. You agree that Vimaok shall not be liable to you or any third-party for any termination or disabling of the Vimaok Products.
ALL VIMAOK PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. VIMAOK 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, VIMAOK MAKES NO WARRANTY THAT THE VIMAOK PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE VIMAOK PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE VIMAOK PRODUCT OBTAINED WILL MEET YOUR EXPECTATIONS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF AN VIMAOK PRODUCT REMAINS SOLELY WITH YOU.
VIMAOK 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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIMAOK 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 VIMAOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE VIMAOK PRODUCT; (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 VIMAOK PRODUCT. IN NO EVENT SHALL VIMAOK'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 VIMAOK PRODUCT.
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 VIMAOK PRODUCT, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VIMAOK, 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 VIMAOK PRODUCTS, 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 VIMAOK OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
The Vimaok Products 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 Vimaok Product, 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.
Any Vimaok Products 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.
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 Vimaok Products. 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 Vimaok 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.
If you have any questions about this EULA or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows: