Terms of Service / EULA


Please read this End User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using the application related content available on our website ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
If you are under 18, you must have your parent or guardian’s permission before you use our website or download the Application. You must not download the Application if you are below the age of 13.
By accessing our website and downloading the Application, you hereby grant us permission to display promotional information, advertisements, and offers for third party products or services (collectively “Advertising”). The Advertising may include, without limitation, content, offers for products or services, data, links, articles, graphic or video messages, text, software, music, sound, graphics or other materials or services. The timing, frequency, placement and extent of the Advertising changes are determined in our sole discretion.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

BY USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.

UPDATE EULA - November 2017:
"Please be advised that certain products may prompt you for elevated admin privileges. Please be advised that in case you choose to decline such elevated admin privilege request, such product may still be executed and installed without admin privilege but may not have the full product capabilities."

Clicking this Download button launches a Custom Installer, which will manage your download and show you additional commercial offers. During the installation process the download manager provides additional software that may be of interest to you. You can decide freely whether or not to install any software offered simply by accepting or rejecting the offer itself during the installation process.

RESTRICTIONS ON USE. You may not: (i) copy, distribute, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the "Video Media Player"; (ii) except as permitted herein, share or permit other individuals or entities to use the "Video Media Player", rent, lease or transfer the "Video Media Player" or rights to use it; (iii) delete or modify any attributions, legal notices or other proprietary designations or labels on the "Video Media Player", or on any third-party software/material contained therein; (iv) use the "Video Media Player" by itself or in conjunction with any other products to infringe upon any third party's rights, including without limitation third party's intellectual property rights, to invade users' privacy in any way, or to track, store, transmit or record personal information about any other user of the "Video Media Player"; (v) use the "Video Media Player" to install the Vendor Software or the Approved Offers in the background or remotely; or (vi) damage, interfere, disrupt or harm the Company, the "Video Media Player", or any of the Vendors in any way. Any such forbidden uses shall immediately and automatically terminate your right to use the "Video Media Player", without derogating from any other remedies available to the Company at law or in equity.

TITLE AND OWNERSHIP. You acknowledge and agree that the "Video Media Player", including any revisions, corrections, modifications, enhancements or upgrades thereto, accompanying materials, and any copies you are permitted to make under these Terms of Use are owned by the Company or its licensors, and are protected under copyright laws and treaties. You further acknowledge and agree that all right, title, and interest in and to the "Video Media Player", including associated intellectual property rights (including, without limitation, any patents (registered or pending), copyrights, trade secrets, designs or trademarks), evidenced by or embodied in or attached or connected or related to the "Video Media Player", are and shall remain owned solely by the Company or its licensors. These Terms of Use do not convey to you any interest in or to the "Video Media Player", but only a limited, revocable right of use in accordance with the terms of these Terms of Use. Nothing in these Terms of Use constitutes a waiver of our intellectual property rights under any law.
The "Video Media Player" logo and trademarks are trademarks of the Company and no right, license, or interest in any such trademarks is granted hereunder.
Please note that we do not grant you any rights in the Vendor Software or the Approved Offers and to the extent any rights are granted to you, they will be set out in the applicable terms of service or license agreements governing such Vendor Software or Approved Offers.

CHANGES TO YOUR COMPUTER. You hereby grant us permission to install the Vendor Software and the Approved Offers, including collateral software required to execute such software, as determined by the relevant Vendor. You acknowledge that software installation processes often require registry changes, as determined by the relevant software developer as well as access to the Internet, which shall be made at your sole expense. If you cancel the installation process, a shortcut will be added to your computer’s desktop (unless you choose otherwise) to enable you to restart the install process should you wish to do so. This shortcut, and its associated file, can be safely deleted from your temp directory. The installer for the Vendor Software will be saved to your "downloads” folder or any other designated folder to allow you to install the Vendor Software immediately, or at a later time. Any Approved Offers will be installed immediately with no further interaction required.

Upon completion of the installation process an online landing page (such as a "Thank You Page") may be displayed via your default web browser.

PRIVACY POLICY. You acknowledge and agree that by your access and use of the "Video Media Player", we may collect or retain non-personally identifiable information. We shall treat such information in accordance with the Privacy Policy located at [Please insert link], the provisions of which are adopted herein by reference, so when we refer to the Terms of Use we also refer to the Privacy Policy. Furthermore, following the completion of the "Video Media Player" installation, a component shall remain on your computer and will allow us to analyze your use of the Vendor Software and Approved Offers as well as your user preferences, mainly for security purposes.

ADVERTISEMENTS. You understand and agree that your use of the "Video Media Player" is supported by advertising. Therefore, during your use of the "Video Media Player" you will be presented with third party advertisements. The Company has no control and takes no responsibility for the content of these advertisements and the sites or applications to which they may direct. Because we have no control over such sites and applications, you acknowledge and agree that the Company is not responsible for the availability of such external sites or applications, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or applications. The products and services available through the third party advertisements are each subject to their respective terms and conditions or agreements and you are cautioned and you are cautioned to carefully read the terms and conditions of any external sites or applications offered by such third parties.

UPDATES/UPGRADES. Some updates/upgrades may be optional and some may be mandatory in order to operate the "Video Media Player", maintain software compatibility, provide security updates or bug fixes or offer new features, functionality or versions. For clarification purposes, any upgrades that impact privacy of users or result in changes to this Terms of Use will require your acceptance or a new download of the "Video Media Player" otherwise the update and upgrade shall be done automatically.

CHANGES TO "Video Media Player" OR TERMS OF USE. We may change, modify, suspend, or discontinue any aspect of the "Video Media Player" or related services at any time. We may also impose limits on certain features or restrict your access to parts or all of the "Video Media Player" without notice or liability. Company reserves the right, at its sole and absolute discretion, to change, modify, add to or delete any of the terms and conditions of these Terms of Use at any time, including without limitation the availability of any feature of the "Video Media Player". Material changes will be disclosed to you through a patch process, by email, or through website posting. Your continued use of the "Video Media Player", following any revision of the "Video Media Player" or these Terms of Use, constitutes your complete and irrevocable acceptance of any and all such changes.

WARRANTY DISCLAIMER. THE "Video Media Player" IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE "Video Media Player" REMAINS WITH YOU. THE COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE "Video Media Player" WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, NOR DOES THE COMPANY WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

EXCLUSION OF CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL THE COMAPNY OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO THE COMPANY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE "Video Media Player". YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH SUCH "Video Media Player" IS TO IMMEDIATELY DEINSTALL OR CEASE USE OF THE "Video Media Player". THE COMPANY'S TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNT PAID BY YOU.

INDEMNIFICATION. You agree to fully indemnify, defend and hold the Company, its affiliates and licensors and their respective companies, and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (a) any breach of these Terms of Use by you; (b) any violation by you of any law or the rights of any third party.

MISCELLANEOUS. THE COMPANY'S ACCEPTANCE OF YOUR USE OF THE "Video Media Player", IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of these Terms of Use is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Except for disputes relating to the Company's intellectual property (such as any patents (registered or pending), copyrights, trade secrets, designs or trademarks) ("Excluded Disputes"), you agree that all disputes between you and the Company (whether or not such dispute involves a third party) with regard to your relationship with the Company, including without limitation disputes related to these Terms of Use, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and the Company hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's claim, if the Company is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Notwithstanding any other provision under applicable law, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with the Company.

These Terms of Use are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with the Company exclusively in a state or federal court located in New York County, New York, and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the "Video Media Player" is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.

CONTACT US. If you have any questions (or comments) concerning these Terms of Use, you are most welcomed to send the Company an e-mail at: info@advwebstudio.it and we will make an effort to reply within a reasonable timeframe.