Power Hour VX Computer Drinking Game 5.1.0.0

EULA - End User License Agreement

Power Hour VX – VERSION 5.1
Copyright © 2004-2005 Power Hour VX LLC. All Rights Reserved
Website: http://www.powerhourvx.com
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License
You must agree to this before installing and using Power Hour VX.

License Agreement

You should carefully read the following terms and conditions before using this software. Your use of this software indicates your acceptance of this license agreement and warranty.

Disclaimer of Warranty

This game is only for amusement and is not intended for users under the age of 21.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY POWER HOUR VX LLC, TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

GRANT OF LICENSE: The Licensor grants to you this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use in a single copy of the Licensed Works on a single computer for use by a single concurrent user only, and solely provided that you adhere to all of the terms and conditions of this Agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Licensed Works or any Intellectual Property Rights of Licensor.

ASSENT: By opening the file package containing this software, you agree that this Agreement is a legally binding and valid contract, agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement, and further agree to take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any person or entity under your control or in your service.

OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries own certain rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the computer software and hardware, together with any related documentation (including design, systems and user) and other materials for use in connection with such computer software in this package (collectively, the "Licensed Works").

ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE LICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR.

RESTRICTIONS:
(a) You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, Licensed Works or any portion thereof. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under law.

(b) You are also expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Licensed Works as the Licensed Works contain proprietary material of Licensor. You may not otherwise modify, alter, adapt, port, or merge the Licensed Works.

(c) You may not remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service mark or copyright notices.

(d) You agree that the Licensed Works will not be shipped, transferred or exported into any other country, or used in any manner prohibited by any government agency or any export laws, restrictions or regulations.

(e) You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to Licensed Works, including but not limited to the object code, documentation, help files, examples, and benchmarks.

(f) You agree that you are not under the age of 21 when installing this program. In addition you, the installer, are solely responsible for misuse of the game by others, whether illegal or legal.

(g) You understand that the game is playable by option and you nor any other person is forced to play or complete the game.

TERM: This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling the Licensed Works and destroying all copies of the Licensed Works. Upon any termination, you agree to uninstall the Licensed Works and return or destroy all copies of the Licensed Works, any accompanying documentation, and all other associated materials.

WARRANTIES AND DISCLAIMER:

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT

BETWEEN LICENSOR AND YOU, THE LICENSED WORKS ARE NOW PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT (i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE LICENSED WORKS WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF TEXAS LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF OPENING THE PACKAGE

CONTAINING THE LICENSED WORKS OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSORÕS SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE LICENSED WORKS. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED WORKS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.

ENTIRE AGREEMENT: This License Agreement sets forth the entire Understanding and agreement between you and Power Hour VX LLC, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.
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INSTAFINDER PRIVACY POLICY
Vista is a network of Web sites, that provides diversionary entertainment, topical news, information, editorial content, software downloads and on-line shopping to millions of users and subscribers on a daily basis. InstaFinder is a software product from Vista. Vista recognizes the importance of safeguarding the on-line privacy of its users.

By installing and downloading this Software, any of your URL typing errors will cause your browser to be redirected to InstaFinders search page. The following reflects the policy for collection and use of your personal information by InstaFinder.

Information We Collect from End Users
If you are an End User, none of your personal information is obtained or otherwise collected by InstaFinder. We do not use cookies or web beacons to store information.

Changes to our Privacy Policy
We reserve the right to modify our Privacy Policy at any time. In the event that we change our privacy policy or our information collection and use practices, we will post a notice prominently on our web site.
Privacy Agreement and Software License
IMPORTANT – READ CAREFULLY BEFORE DOWNLOADING SOFTWARE:

This Privacy Agreement and Software License (“Agreement”) is a binding legal agreement between you and Blue Tide Software (“BTS”) and governs your use of the Surf Sidekick ad serving software (“Software”) and the collection and use of certain information about you and your computer pursuant to the advertising service we provide using the Software. You must click on the acceptance button below before downloading, installing, accessing or otherwise using the Software.

WHEN YOU DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT AND REPRESENT THAT YOU HAVE THE AUTHORITY TO ACCEPT THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE AND YOU MUST EXIT THIS DOWNLOAD PROGRAM.

The Basic Deal
BTS provides you with our free Software program that we use to show you ads for various products, services and web sites that we believe you may be interested in. By accepting the terms of this Agreement and downloading and using the Software, you are asking for and agreeing to receive sponsored web pages and ads from us on your computer while you are online and to the specific terms and conditions of this Agreement related to your use of the Software. You are also asking for and consenting to our collection and use of certain anonymous information about you, your computer and your Internet surfing habits that we use to provide you with particular content. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE SOFTWARE. IF YOU CHANGE YOUR MIND, REMOVE THE SOFTWARE.

Bundles, Advertisements and Links
This Agreement only governs your rights to download and use the Software and related service. If you downloaded the Software bundled with another partys software product or program, your rights and obligations related to the other partys software are not governed by the terms of this Agreement and are governed by the third partys user agreement, if any. In addition, when you download, access or otherwise use any third party product, service or web site you do so at your own risk and all questions, concerns or comments regarding the product, service or web site must be directed to the third party. BTS DOES NOT SPONSOR, TEST, RECOMMEND, APPROVE OF OR MAKE ANY REPRESENTAION OR WARRANTY WHATSOEVER REGARDING OR RELATED TO ANY THIRD PARTY PRODUCT, SERVICE OR WEB SITE, INCLUDING THOSE PRODUCTS, SERVICES AND SITES BUNDLED WITH, LINKED TO OR PROMOTED THROUGH THE USE OF THE BTS SOFTWARE.

OUR SERVICE
Please note that our ads are delivered to you independently using the Software when you surf the Internet and are provided to you in separate pop-up windows that appear on top of or under other windows on your screen. In other words, when we send you an ad that ad is not sponsored or controlled by the web sites you visit, it comes directly from our servers to your screen. And our ads may be promoting products or services from companies that compete with those offered by the owners of the web sites you visit.

After you download our Software, our computers “talk” with the Software to help select and then show you ads and content on your computer screen. Our Software also communicates with servers to collect your anonymous Internet surfing information and to help us maintain and update the Software. The specific information we collect during this process, how we use it and who it is shared with is described in detail below.

The Specific Information We Collect To Provide The Service

To help us and our advertising clients provide you with the most relevant and useful ads and information possible, we may collect the following categories of anonymous information from you:

(1) The web pages you view while surfing the Internet.

(2) How and if you respond to the ads we provide you (for example, we collect information about whether you clicked on an ad or made a purchase in response to a specific ad).

(3) Your computer type, internet connection, operating system, browser and basic system set-up (screen resolution, time zone selected, etc.).

(4) What software you have on your computer (including what versions of the BTS Software you are currently running) to provide you with updates and upgrades and offer you products (including software products) and services that we determine you might be interested in based on your current set up.

As a general rule, we do not collect ANY personally identifiable information from you as part of the service. We do not ask for and do not want to know your name, email address, street address, phone number, social security number, computer passwords or anything else that would disclose your identity to us.

The exception to the rule: If you provide any personally identifiable information to us like your name, email address or phone number in connection with support or by email we will obviously collect this information for the limited purpose of responding to your communication or request. This personally identifiable information, however, will NOT be combined or associated with your anonymous profile or other information.

What We Do With The Information We Collect
The anonymous information we collect from and about you and your computer is compiled to create an anonymous user profile. We then link this anonymous profile to a randomly assigned marker that is tied to your computer. Again, this profile is anonymous, we do not know who the user is and we do not want to know. All we want to know is that the user of this computer, based on the information we have collected, is more or less likely to be interested in certain promotions that our clients have asked us to deliver to the people who use our Software. We then attempt to link the anonymous user with the products and services being offered by our clients in their ads that the user might be interested in learning more about. Our proprietary ad analysis and serving technologies helps us provide you with access to the ads we have available that are most likely going to be relevant to you and that expand your choices between the various competitive products and services that are available in the marketplace (some of which you may not have been aware of without seeing our ads).

Who We Share Your Anonymous Information With
We take the anonymous information about you and our other Software users that we collect and compile it into a variety of different categories. We then take this aggregated and anonymous information about our Software users and share it with our current and potential clients (the sponsors of the ads you see on your screen). Again, these clients and potential clients never get any personally identifiable information about you from us (we do not even have this information to give them) or any single anonymous user profile, everything disclosed is aggregated into groups of users with specific yet anonymous characteristics.

If you end up responding to an ad, purchasing a product or service or otherwise communicating with one of our clients, however, we have no control over what information you provide them, how they use this information or what privacy policies these companies may or may not have in place. In addition, our content and advertising clients may use cookies in the materials provided to you through our service. The use of these cookies, the information collect by the cookies and what is done with this information is controlled by our clients, not BTS, and is not governed by the terms of this Agreement. If you have questions related to third party cookies please contact the content or ad provider. We are also not responsible for and have no control over the quality, accuracy, timeliness, reliability or any other aspect of any third party’s web site, products and services. You release us from any damages that you incur, and agree not to assert any claims against us, arising from your purchase or use of any products or services offered or made available by third parties through any ads.

We also may use other companies and contractors to perform certain services for us related to our computers, Software, facilities, etc. that may require us to give these contractors access to the anonymous profiles and other information we have collected. These outside contractors, however, will only be allowed to use the information to perform services on our behalf subject to the limitations and requirements in this Agreement.

We will also disclose information in response to subpoenas, legal process and court orders and as otherwise required by law. We will also disclose information to establish or exercise our legal rights or defend against and investigate claims and other threats.

In addition, if we are acquired by or merged with another company all of the anonymous information we have collected, categorized and used will be transferred as part of that transaction. We may also transfer this information as part of a corporate reorganization or restructuring to one of our affiliated companies (but the use of your information by the affiliate will remain subject to the terms of this Agreement).

How You Stop The Service And Remove The Software
If you decide you no longer want to receive ads or content from us all you need to do is remove all of the Software from your computer using the Add/Remove Programs menu in the Microsoft Windows control panel. The program you need to remove is named Surf Sidekick (more detailed removal instructions are also provided below and on the www.SurfSidekick.com web site if you have any problem removing the Software).

Security
We limit access to the information collected from and about our Software users to employees (and sometimes outside contractors as we described above) who we believe reasonably need to access and use the information to do their jobs subject to the limitations in this Agreement. We also use reasonable physical, electronic, and managerial procedures to protect the information we collect but we cannot guaranty that these measures will be effective.

Applicability
The data collection and use provisions in this Agreement apply to all downloads of the Software distributed under this Agreement.

Questions
If you have any questions or concerns about our privacy practices you may contact us at support@surfsidekick.com.

LIMITED SOFTWARE LICENSE

BTS grants and you accept a personal, nontransferable, nonexclusive, and nonassignable license to access and download one copy of the Software on one computer solely to enable you to receive our ad serving service. This limited license is effective until this Agreement is terminated for any reason.

Additional Restrictions

The limited license granted to you in this Agreement is also restricted as follows:

1. You may use the Software only for the sole purpose of participating in our service as set forth in the limited license above. Any other use of the Software is strictly prohibited and shall constitute a material breach of this Agreement.

2. You may not copy or directly or indirectly distribute the Software.

3. You may not reverse engineer, decompile, dissemble, modify, or create works derivative of the Software or BTS’s proprietary and confidential advertising practices and methodologies.

4. You may not alter or modify any disabling mechanism that may be resident in the Software.

5. The Software is licensed as a single product and its components may not be separated for use on more than one computer.

6. This license imposes personal obligations on you and the license granted under this Agreement is not transferable for any purpose.

7. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer the Software or directly or indirectly permit any third party to use or copy the Software.

8. You may not use the Software in any unlawful manner or for an unlawful purpose or in violation of any contractual or other applicable restriction that you are bound by.

Reservation of Rights
The Software is being licensed to you, not sold, and your rights to the Software are limited to the rights expressly granted to you in this Agreement. BTS retains all right, title, and interest in the Software, all copies thereof, and all proprietary rights in the Software, including copyrights, patents, trademarks, and trade secret rights. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Updates
BTS may in its sole discretion make updates, fixes, upgrades, new functions and other modifications or versions of the Software (Changes) available to you in the future. You hereby consent to receive these Changes automatically and consent to having BTS or its agents install the Changes directly onto your computer without any additional interaction with BTS. This delivery process will take place in the background and will not have any material impact on your Internet usage. All Changes will be considered Software and your right to use the Changes will be governed by this Agreement. If you do not want the Changes, you can remove the Software from your computer by following the removal instructions set forth in this Agreement and on the www.SurfSidekick.com web site.

Disabling Mechanism
You acknowledge and agree that the Software may contain a mechanism whereby BTS can disable the Software and you agree that BTS may use any such mechanism in the event of your breach of this Agreement or if this Agreement is terminated for any reason.

Termination and Removal
Without prejudice to any other rights, BTS may immediately and without notice terminate this Agreement and all rights granted hereunder for any reason, including, without limitation, if you fail to comply with any of the terms and conditions of this Agreement. You may also terminate this Agreement at any time by removing all copies of the Software and its components from your computer system by going to the Start Menu on your computer. From the Start Menu select Settings and then select Control Panel. To complete the removal, select the Add/Remove Programs option from the Control Panel and locate and remove the program named Surf Sidekick. After you remove the Software from your computer we will not send you any more ads or sponsored content but we will have the ability to check in with your computer for another 30 days to confirm that the BTS Software has been and remains uninstalled (this information is necessary to allow us make appropriate payments to our business affiliates and to help prevent fraud on our network). If you have any questions regarding this removal process please visit www.SurfSidekick.com.

Use in the United States
BTS has designed the Software to be distributed and used in the United States. In no event may you export the Software for any reason or use the Software in any jurisdiction or country where the use, transfer or possession of the Software would be illegal or violate any applicable law, regulation or restriction.

Restricted Rights
The Software and documentation are provided with RESTRICTED RIGHTS. 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 (a) through (d) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, and in similar clauses in the NASA FAR Supplement, as applicable. Manufacturer is Blue Tide Software, 520 Washington #113, Marina del Rey, CA 90292.

No Warranties
THE SOFTWARE AND SERVICE ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BTS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BTS DOES NOT WARRANT THAT THE SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICE CAN OR WILL BE CORRECTED. FURTHER, BTS DOES NOT WARRANT THAT THE SOFTWARE OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BTS MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY SOFTWARE OR CONTENT DISTRIBUTED OR MADE AVAILABLE WITH OR BY USING THE SOFTWARE AND BTS EXPRESSLY DISCLAIMS ANY WARRANTIES OR RESPONSIBILITY FOR THE CONTENT, PERFORMANCE OR OPERATION OF ANY SUCH THIRD PARTY MATERIALS. YOUR INSTALLATION, DOWNLOADING OR ANY OTHER USE OF ANY THIRD PARTY MATERIALS IS COMPLETELY AT YOUR OWN RISK.

Damages Limitation
IN NO EVENT SHALL BTS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND/OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, ADVERTISING INJURY, INFRINGEMENT, LOST PROFITS, LOST DATA, AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR SERVICE, EVEN IF BTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BTS’s ENTIRE LIABILITY UNDER THIS AGREEMENT FOR ANY DAMAGES THAT A COURT OF COMPETENT JURISDICTION DETERMINES ARE DIRECT DAMAGES SHALL BE LIMITED TO THE INITIAL FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Indemnity
You agree to indemnify, defend and hold BTS and its officers, directors, shareholders, agents, and affiliates harmless from and against any and all third party claims of any kind (along with attorney’s fees and litigation costs) arising out of, resulting from, or in connection with your breach of this Agreement or your use or misuse of the Software OR service, including but not limited to, claims for intellectual property infringement or misappropriation, personal injury or property damage.

Confidential Information
The Software and the proprietary BTS advertising system are BTS’s confidential information and you shall not directly or directly transfer or disclose this information to any other person or party.

Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., as applied to agreements entered into and wholly performed within California between California residents. This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Dispute Resolution
Except as set forth below, any dispute arising out of or related to this Agreement, the Software or the service shall be resolved by a single arbitrator (appointed by the American Arbitration Association) in an arbitration proceeding in accordance with the rules of the American Arbitration Association in Los Angeles, California U.S.A. The award of the arbitrator shall be binding and may be entered in any court of competent jurisdiction.

Nothing in this dispute resolution provision shall limit BTS’s right to seek and obtain equitable relief in any court or forum for the breach of your confidentiality obligations or the license contained in this Agreement.

Severability
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of any remaining provisions.

No Waivers or Modifications
Any delay or failure on the art of BTS to enforce any rights under this Agreement to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. This Agreement shall not be modified except in a writing signed by BTS.

Merger
This Agreement constitutes the entire understanding and agreement between you and BTS relating to your rights to use the Software, and supercedes all prior or contemporaneous oral or written communications with respect to the same, all of which are merged in this clause.
MegaSearch Privacy Policy
You take online privacy seriously and so does MegaSearch! Its our way of sustaining your trust in our company and in our services. Our privacy statement describes how we collect, protect and use customer information. In this information age, our privacy policy is subject to change, so we encourage you to visit this page occasionally for more information.

• What Personal Information does MegaSearch Collect?
• Why is My Personal Information Collected?
• How does MegaSearch Gather Data on Users?
• Do other Companies have Access to my Personal Information?
• What About Childrens Information?
• How Do I Contact MegaSearch if I Have a Concern About My Personal Information?
• Your Agreement to This Privacy Policy.
• Changes to This Privacy Policy.
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What Personal Information does MegaSearch Collect?

MegaSearch collects and stores information about the web pages you view and the data you enter in a search engines search field while using software provided by MegaSearch. We also collect the following information: your Internet Protocol ("IP") Address, which may include a domain name; the date and time you downloaded software provided by MegaSearch; and the name of and information about the advertisement that may have brought you to download software provided by MegaSearch.

However, MegaSearch does not store any personally identifiable information such as your name, telephone number or email address with the web usage data or search information collected. In addition, some non-personally identifiable demographic information is correlated to Web usage information collected during use of our software, but we do not attempt to determine your identity by analyzing this information. ^

Why is My Personal Information Collected?

MegaSearch collects but does not store personal information to help personalize your online experience. We use this information to determine which search listings and/or which advertisements to show you.

We also use user information to measure our success and performance. For example, aggregate information gives us an idea of the number of visitors we attract and how they navigate the site. By collecting information, we can also figure out the number of entries in MegaSearch promotions. ^

How does MegaSearch Gather Data on Users?

If you are only visiting the MegaSearch corporate Web site (www.MegaSearchbar.com), we collect the following information: the full Uniform Resource Locator ("URL") of the Web page from which you came to www.MegaSearchbar.com and your Internet Protocol ("IP") Address.

If you download and install software provided by MegaSearch, we collect your IP Address and, during your use of the software, we may transmit cookies to the hard drive of your computer. These cookies may assign your Web browser a unique series of numbers, letters, or characters (your "User ID") that enable MegaSearch servers to recognize and identify your Web browser when you are using the Service. They may also enable us to track and store information about your Web usage path.

Software provided by MegaSearch is designed to check for the availability of software updates to ensure that you enjoy the latest improvements of the software. When the software checks for the availability of updates, anonymous information about the software version is sent to our Web server. The information is only used to determine whether new software is available for download and is not associated with your personally identifiable information. ^

Do their Companies have Access to my Personal Information?

MegaSearch does not sell, rent, or trade your personally identifiable information to other companies (because we dont collect it). Our software may link to advertisers and sites that collect personally identifiable information about you when you access them from MegaSearch. This type of collection or use of personal information is beyond MegaSearchs control and is not covered by this Privacy Policy.

^

What About Childrens Information?

We comply with the practices established under the Childrens Online Privacy Protection Act. We do not knowingly collect or retain any information from consumers under the age of eighteen. ^

Your Agreement to This Privacy Policy.

By using software provided by MegaSearch, you indicate that you agree to the collection and use of your IP address by MegaSearch as outlined in this Privacy Policy. ^

Changes to This Privacy Policy.

We reiterate that our Privacy Policy changes from time to time. Be sure to visit this page occasionally to find any updates we have made. We are committed to posting Privacy Policy changes on this page so consumers can be sure of how MegaSearch is gathering and using information about them. ^

How Do I Contact MegaSearch if I Have a Concern About My Personal Information?

Email: bsingleton@vistainteractivemedia.com

U.S. Mail:

Vista Interactive Media
5 Corporate Park, Suite 160
Irvine, CA 92606
End User License Agreement

Top Rebates provides a shopping service (the Service) that utilizes shopping reminder software (the Software). Your use of the Service and software is subject to the terms of the agreement between you and Top Rebates. By downloading the Software you agree to the following terms of this Agreement and to the Terms and Conditions for use of the Service.

Your Representations. You represent that you are at least 18 years of age. You represent and warrant that you are either the owner or an authorized user of the computer on which you are installing the Software. You agree that you shall at all times comply with all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Software.

License and Updates. Top Rebates grants you a non-exclusive license to install and use the Software solely for personal use and only for the purpose of accessing the Top Rebates Service. Top Rebates reserves the right to add additional features or functions to its Software at any time, without asking your approval. Top Rebates may require the update of its Software on your computer when a new version of the Software is released or new features are available. This update or new download may occur automatically when you use the Service. Changes to this End User License Agreement may be made by Top Rebates and will be posted on the Top Rebates web site. Your continued use of the Software will constitute consent to the revised terms. Top Rebates is under no obligation to support the Software. Top Rebates may at any time suspend or terminate this license and disable the Software.

Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software for any reason. You may not modify the Software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Software or use the Software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the Software is licensed not sold, the Software is owned by Top Rebates and all rights not expressly granted herein are reserved to Top Rebates.

Voluntary Use. The Software uses cookies and tracks your transactions in connection with the Service and reports such information to Top Rebates in order for you to obtain the benefits of the Service. The Software also communicates with Top Rebates servers and Top Rebates may obtain certain information regarding your use of the Service (such as IP address, type of browser, referring URL) however such information generally does not include personally identifying information unless you have provided it to Top Rebates. Use of such information is subject to the Top Rebates Privacy Policy. Your use of the Software and the Service is voluntary. You may discontinue use and uninstall the Software at any time. You understand that by uninstalling the Software you will not be able to use the Service.

Warranty Disclaimer. TOPREBATES PROVIDE(S) THE SOFTWARE ON AN "AS IS" "WHERE IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. USE OF THE SOFTWARE IS AT YOUR OWN RISK. TOPREBATES DOES NOT WARRANT THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties. In such case any applicable warranties shall be limited to a period of 90 days from the date of download.

Export Controls. The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By downloading or using the Software, you are agreeing 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.

U.S. Government Restricted Rights. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions 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. Manufacturer is Top Rebates, LLC, 4546 B-10 El Camino Real, Suite 327 Los Altos, CA 94022, ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. For the purpose of any public disclosure provision under any federal, state, or local law, the information is trade secret and proprietary commercial data and not subject to disclosure.

Limitation of Liability. IN NO EVENT WILL TOPREBATES, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES" BE LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SOFTWARE EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TOPREBATESS MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.00. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Top Rebates liability shall be limited to the maximum extent permitted by law.

Governing Law and Arbitration. The laws of the State of California will govern this Agreement, without reference to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any claim or controversy arising out of or related to this Agreement shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The foregoing shall not preclude Top Rebates from seeking any injunctive relief to which it may be entitled.

General. This Agreement, as modified from time to time, sets forth the entire understanding and agreement between you and Top Rebates with respect to the subject matter hereof. If any provision hereof shall be held to be invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be in any way affected. No delay or failure to enforce any provision of this Agreement shall constitute a waiver of such provision. You may not assign this Agreement without our consent.

If you have any questions or comments about the End User License Agreement please contact us.
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sDisclaimer
Please Read Before Using Our Products

THIS SITE AND GAME IS INTENDED FOR
AUDIENCES OF LEGAL DRINKING AGE ONLY

PowerHourVX.com and Power Hour VX, the game, is intended for responsible adults of legal drinking age who wish to try new drinking games and get information about alcoholic beverages and drinking games. It is purely intended for entertainment purposes.

Power Hour VX LLC and Power Hour VX, the game, is not advocating the abuse of alcoholic beverages and hope that if you try the games provided on this site, you do so with moderation and caution. It is not the intent to promote misuse of alcohol, alcoholism, hazing, binge drinking, or any other form of alcohol abuse.

Power Hour VX LLC cannot take any responsibility for the effect these games may have on people, as these games have not been tested for extended / overuse play. These games may be bad for your health, but you have the right to download and play them if you choose. If you play these games, you are looking for trouble.

Information on this web site and Power Hour VX, the game, is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Information on this web site and Power Hour VX, the game, may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Power Hour VX LLC may also make improvements and/or changes in the products and/or services at any time without notice.
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Please Keep These Things In Mind

NEVER DRINK AND DRIVE!! You could end up killing yourself or someone else. Drink Responsibly. If youre going out and plan to drink, give the car keys to someone else that is sober and can act as the designated driver or take a taxi to reach your desired destination.

• If the law in your country says youre too young to drink, dont.
• Do not drink too much. Alcohol poisoning may be lethal.
• If you have a problem with drinking, seek professional help.
The standard disclaimer here is that you must be of legal drinking age to consume beer or alcohol, and you can substitute non-alcoholic beverages in the games as well.
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Copyright © 2004-2005 Power Hour VX LLC. All Rights Reserved