User agreement

Preamble

This User Agreement (hereinafter - the "Agreement") is the official written public offer of the Developer, addressed to an indefinite number of persons - the Users of this web service and the browser extensions «New Tab» (hereinafter collectively, the "Parties", separately the "Party").

The use of this web service and the browser extensions «New Tab» is allowed only on the terms of this Agreement.

If the User does not accept the Agreement in full, the User does not have the right to use this web service, and he is also obliged to stop using (including installing) this web service and the «New Tab» browser extensions.

The use of this web service and the «New Tab» browser extensions in violation (non-fulfillment) of any of the terms of the Agreement is prohibited.

The functionality of this web service and «New Tab» browser extensions is aimed at improving the interaction of the User with a web browser and with websites in general.

Terms used in this Agreement

Site (web service) - a site located on the Internet at newtabs.pro and its subdomains or newtab.fun and its subdomains.

«New Tab» browser extension is a free software (Freeware license) that is installed on the User’s Device and complements its browser with the corresponding function, which is provided to the User under this Agreement and is the property of the Developer, designed to perform certain user tasks (including but not exclusively), is designed for direct interaction with the User on his Device. List (Directory) of «New Tab» browser extensions at webstore.newtabs.pro.

Web Store - a site located on the Internet at https://chrome.google.com/webstore (Google Chrome Web Store) and / or https://addons.opera.com/extensions (Opera addons) on which / which published «New Tab» browser extensions that the User can install on his device, but it does not exclude the installation of «New Tab» browser extensions from the Site with a link to the actual installation from the Google Chrome Web Store and / or Opera addons, as well as from any other Internet sites , which independently post information on «New Tab» browser extensions, and provide the ability to install a browser n «New Tab» extensions to the User’s Device.

Device - a personal computer (including, but not exclusively a stationary computer, laptop, netbook, desktop).

Developer - an individual or legal entity that developed the «New Tab» web service and browser extensions, posting it on the Site and / or Web Store, and providing it to the User for free under the terms of this Agreement.

User - a legal or natural person who has accepted the Agreement in accordance with its terms in order to use the «New Tab» web service and browser extensions.

Active User Action is the result of User behavior using the Site (web service) and / or «New Tab» browser extensions on its Device.

Terms that are not defined in this section of the Agreement may be used in the Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term in the text of the Agreement, one should be guided by the interpretation of the term: first of all, as defined on the Site, and secondly, as established on the Internet.

  1. Acceptance of the Agreement
    1. This Agreement shall enter into force on the date / time of publication and / or publication of the current amendment of this Agreement on the Site.
    2. For existing Users / Users who have installed «New Tab» on their Device, this Agreement shall enter into force upon the Active User Action.
    3. For new Users / Users who have not yet installed «New Tab» on their Device, this Agreement shall enter into force upon the Active User Action and / or upon clicking the “Install”, “Add” buttons when installing «New Tab» browser extensions on their Device.
    4. This Agreement is valid for the entire period of use of the Site and browser extensions by «New Tab» by the User.
    5. By clicking the "Install", "Add" button and / or, from the moment of the User’s Active Action, the User confirms that he has reached the age of majority, has sufficient legal capacity and legal capacity in accordance with the legislation of his state, and also agrees not to allow use «New Tab» Site and browser extensions are minors, legally incapable, legally incompetent (including those with limited legal capacity) and are personally responsible for allowing such people to use the Site and browser extensions «New Tab».
    6. By clicking the “Install”, “Add” button and / or, from the moment of the User’s Active Action, the User confirms that he is notified and agrees that this Agreement may be changed by the Developer at any time without notifying the User.
    7. The fact of clicking the "Install", "Add" button and / or the fact of the User’s Active Action, the User confirms that the User understands all of his rights and obligations in full, and he unconditionally accepts the terms of this Agreement.
  2. Rights and obligations of the Parties
    1. User:
      1. is obliged to get acquainted with the information about the Developer, the conditions of confidentiality of the Developer and this Agreement before installing the browser extensions «New Tab» and using the Site.
      2. is obligated to use the Site and / or browser extensions of «New Tab» for personal non-commercial purposes.
      3. does not have the right to make changes to the work / source code of browser extensions «New Tab».
      4. is not entitled to offer services related to the use of the Site and / or «New Tab» browser extensions to other Users in order to profit.
      5. does not have the right to take actions aimed at disrupting the normal functioning of the Site and / or «New Tab» browser extensions and use special programs containing malicious components ("viruses").
      6. is obliged to terminate the use (including the installation process) of the Site and / or browser extensions of «New Tab» and remove it from its Device if the User does not accept the Agreement in full.
      7. has the right to distribute the Site and / or browser extensions of «New Tab» by any means other than those prohibited by law.
      8. carries out the above actions at your own risk.
    2. Developer:
      1. has the right at any time to make changes to the functionality of the Site and / or browser extensions of «New Tab», the interface and / or content of «New Tab» with or without notice to Users.
      2. is not obligated to provide technical support to Users in connection with the use of the Site and / or browser extensions of «New Tab».
      3. has the right, when the User uses «New Tab» browser extensions, to change (including replace), delete cookies, automatically allow browser notifications on any websites or perform any other actions in the User’s Internet browser, change the standard appearance of websites in the User’s Internet browser, add multifunction buttons with embedded links to third-party websites.
      4. has the right to introduce advertising materials on any sites and send out browser notifications with advertising content.
  3. Warranties and Liability
    1. The User acknowledges and agrees that the Site and / or browser extensions of «New Tab» are provided on an “as is” basis, without warranties of any kind, either direct or indirect.
    2. The developer does not provide guarantees regarding the consequences of using the Site and / or browser extensions of «New Tab», the interaction of the Site and / or browser extensions of «New Tab» with other software.
    3. The developer does not warrant that the Website and / or browser extensions of «New Tab» may be suitable for specific purposes of use. The User acknowledges and agrees that the result of using the Site and / or browser extensions of «New Tab» may not meet the expectations of the User.
    4. Under no circumstances will the developer or other copyright holders be liable for any indirect, incidental, unintentional damage (including loss of profit, damage caused by loss of data) caused by the use of the Site and / or browser extensions of «New Tab» or the inability to use it , including in the event of a failure of the Site and / or browser extensions of «New Tab» or other interruption in the use of the Site and / or browser extensions of «New Tab», even if the Developer warned or pointed out the possibility of such damage erba.
    5. The user is solely responsible for his actions regarding the use of the Site and / or browser extensions of «New Tab».
    6. The User is solely responsible for observing the rights of third parties, applicable law, these Agreements when using the Site and / or browser extensions of «New Tab».
    7. For violations committed by the User, the Developer has the right to refuse the User in the further provision of services or to limit such provision in whole or in part with or without notice to the User.
  4. Disclaimer
    1. The developer is not responsible for malfunctions, errors and malfunctions of the Site and / or «New Tab» browser extensions.
    2. The Developer is not responsible for the inconvenience caused to the User as a result of the use or inability to use the Site and / or browser extensions of «New Tab».
    3. The Developer or his representatives are not liable to the User or to any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, harm to honor, dignity or business reputation, caused in connection with the use of the Site and / or «New Tab» browser extensions, or other materials that the User or other persons have accessed through the Site and / or «New Tab» browser extensions.
    4. The user is fully responsible for the information and / or information specified by him when using the Site.
    5. browser extensions «New Tab» is not a file storage or server, it does not contain electronic versions of information and / or materials received by Users. Browser extensions «New Tab» only switches requests between the User’s device and the server equipment of the site with which the User interacts.
    6. The Parties to the Agreement are exempted from liability for the full or partial failure to fulfill their obligations under the Agreement, if such was the result of force majeure circumstances arising after the entry into force of the Agreement as a result of extraordinary events that could not be foreseen and prevented by reasonable measures.
  5. Automatic update of browser extensions «New Tab»
    1. The user agrees that periodically the browser extensions of «New Tab» can automatically install any updates (improvements, corrections) to the User’s device, or make a request to install updates.
    2. These updates may take the form of patches, additional modules or completely new versions.
    3. The User is hereby notified and agrees to automatically update «New Tab» browser extensions, including requesting, downloading and installing updates of «New Tab» browser extensions to the User’s Device without any additional notifications.
  6. User Personal Information and Privacy Terms
    1. The User’s personal information is stored and processed strictly on the Site, and is not transferred to third parties.
    2. The User agrees that the Developer has the right to provide this personal information to Partners in order to implement this Agreement.
    3. The developer protects all personal information received during the use of the Site by the User and / or browser extensions of «New Tab».
    4. The use of the User’s personal information is regulated by the legislation on the protection of personal information.
    5. The Developer takes the necessary and sufficient organizational and technical measures to protect the User’s personal information from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, as well as from other illegal actions of third parties with it.
    6. The source code, design, and structure of the Site and «New Tab» browser extensions are trade secrets. The User is not entitled to decompile, disassemble, modify or perform derivative works based on the Site and / or «New Tab» browser extensions, in whole or in part.
    7. Information that the User receives about the Developer during the use of the Site, as well as the installation of browser extensions «New Tab» is confidential information. The user may not distribute this information without the written consent of the Developer.
  7. Final Provisions
    1. The user guarantees that he understands all the terms of the Agreement and accepts them unconditionally and in full.
    2. All applications of Users regarding the Site and / or browser extensions of «New Tab», the Developer accepts at the mailing address: support@newtabs.pro
    3. The Developer agrees to provide answers to the User’s applications within 6 (six) months from the receipt of this application.
    4. All disputes that arise in connection with the execution of this Agreement, including any questions regarding its existence, legality, interpretation, application or termination, must be primarily resolved through peaceful negotiations.
    5. In the event that disputes are not resolved through negotiations, disputes shall be resolved in accordance with the applicable laws of the country in which the Developer is located.
    6. This Agreement is made in Russian and may be provided to the User for review in another language. In the event of a discrepancy between the Russian version of the announcement and the version of the Agreement in a different language, the provisions of the Russian version of this Agreement shall apply.
    7. If, for one reason or another, one or more of the provisions of this Agreement is declared invalid or null and void, this does not affect the validity or applicability of the remaining provisions.

Publication of the Agreement of February 9, 2020