Terms of Use

These Terms of Use form a legal agreement between you, the end user (“user” or “you”) and New York University (“NYU”, “us” or “we”), for the limited license to use the Ad Observer application, which includes a web browser extension, computer software and electronic documentation (“the Application” or “Ad Observer”).

Ownership and distribution

The Application is owned and copyrighted by NYU. NYU grants you a limited, worldwide, non-exclusive, royalty-free, revocable, and non-commercial license to download and use Ad Observer. Your license to download and use the Application confers no title or ownership in the Application and should not be construed as a sale of any right in the Application.

Ad Observer may be freely distributed subject, but not limited to the following terms:

  • Unless you have the express written consent of NYU, you may not distribute the Application or any portion thereof to any third parties;
  • If the user would like to distribute the Application they will need to contact NYU at developers@adobserver.org for written consent prior to distribution;
  • The user may not sell or re-sell the Application;
  • The user must not distribute the Application as part of any commercial package;
  • The user must not use or distribute the Application in support of a commercial service;
  • The user must not use or distribute the Application to support any kind of profit generating activity, even if it is being distributed freely.

User conduct

The user is strictly prohibited from, and agrees not to adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute the Application or any elements, portions, or parts thereof without NYU’s prior written consent. You agree not to use any automated data collection methods, data mining, robots, scraping or any data gathering methods of any kind on the Application. 

Copyright

The Application and all rights, without limitation including proprietary rights therein, are owned by NYU and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Application is licensed, not sold. You acknowledge that no title to the intellectual property in the Application is transferred to you. You further acknowledge that title and full ownership rights to the Application will remain the exclusive property of NYU and you will not acquire any rights to the Application except as expressly set forth in this license. You agree that any copies of the Application will contain the same proprietary notices which appear on and in the Application. NYU may bring legal proceedings against individuals who contravene these Terms of Use, including to enforce its copyrights to Ad Observer. 

Warranties

Ad Observer is provided to the user “AS IS” with no warranties for use or performance and NYU disclaims any warranty or liability obligations to the user of any kind, whether expressed or implied. Where legislation implies in this agreement any condition or warranty, and that legislation avoids or prohibits provisions in an agreement excluding or modifying application of or exercise of liability under such condition or warranty, the condition or warranty will be deemed to be included in this agreement.

Limitation of Liability

NYU is not subject to, and the user releases NYU from any additional liability and indemnifies them against any claim, action, suit or proceeding (including but not limited to direct, indirect, consequential loss or damage, removal costs or re-installation costs or liability for loss of use or profit) because of the use of or inability to use the Application or the provision of or failure to provide support services, any delay in delivery or fault or defect in the Application even if NYU has been advised of the possibility of such damages. NYU‘s entire liability under this agreement shall be limited to the amount paid by the user for the Application. The user further indemnifies NYU against any claim, action suit or proceedings brought by any web site provider or any copyright holder in respect of the operation of the Application by the user. The user expressly acknowledges and agrees that it has not relied upon, and NYU is not liable for any advice given by NYU, its servants, agents, representatives or employees in relation to the suitability for any purpose of the Application.

Third Party Copyright Infringement

NYU does not condone the violation of copyright and other laws. NYU requires all users to Use the Application in strict compliance with copyright and other laws. NYU does not, by the supply of the Application, authorize or encourage you to infringe the copyright or other rights of third parties.

Indemnification

In connection with your user of Ad Observer and to the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless NYU and its directors, officers, employees, and consultants, from and against any claim or demand (including reasonable attorney fees) arising from and of (a) your use of the Application; (b) any violation of these Terms of Use by you; (c ) any allegation that your use of the Application infringes or violates the copyright, trademark, trade secret or other intellectual property or rights of any third party. 

Your Information

By installing the Application you acknowledge that you have reviewed and agree to the Ad Observer Privacy Policy that describes and governs the Application’s information gathering practices. A copy of Ad Observer’s Privacy Policy is available here. Ad Observer reserves the right to change the provisions of its Privacy Policy from time to time and if it does so, Ad Observer will post any changes to its Privacy Policy at the web address provided.

General Provisions

This is the entire agreement between you and NYU governing your use of Ad Observer, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of these Terms of Use. If any part of these Terms of Use is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. These Terms of Use shall automatically terminate upon failure by you to comply with its terms. NYU in its sole discretion, may modify these Terms of Use in writing at any time.

Termination

You may terminate these Terms of Use at any time by uninstalling Ad Observer. Your right to use Ad Observer may also be terminated by NYU at any time, without cause and without notice. This agreement will automatically terminate if you fail to comply with any of its terms. Upon termination, you agree to stop using and to uninstall Ad Observer. 

Changes in these Terms of Use

NYU reserves the right to update these Terms of Use from time to time. Since your use of the Application is anonymous, we cannot inform you about this personally. The most current version of the Terms of Use can be reviewed here.

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