Malwarebytes Website Terms of Service
Last Updated: January 19, 2017
Welcome to the Malwarebytes Inc. (“Malwarebytes“) website, malwarebytes.com (the “Site”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Site (and its subdomains) and related services accessible via our Site, excluding (i) the online store made available via the Site which is governed by separate Terms and Conditions, accessible at https://store.malwarebytes.com/342/?scope=optandc ; (ii) the purchase and use of our Malwarebytes Software which is governed by the separate End User License Agreement, accessible at https://www.malwarebytes.com/eula; (iii) the Malwarebytes Privacy Policy accessible at https://www.malwarebytes.com/legal/privacy-policy/, and (iv) other separate written terms and conditions or policies governing specific Malwarebytes products or services (collectively (i)-(iv) the “Excluded Terms”). If there is a conflict between these Terms and the Excluded Terms, the Excluded Terms shall govern. To make these Terms easier to read, the Site and our services are collectively called the “Services.”
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Changes to Terms or Services
We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms from time to time because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services evolve over time we may change, suspend or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
Eligibility
You may use the Services only if you are 18 years or older, capable of forming a binding contract with Malwarebytes, and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services, such as our forums, blog and support services, you must create an account (“Account”). You can do this via the Site or, in some cases, through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account for the forums, blog or support services, as applicable, by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. If you create an Account to participate in a public facing Service such as forums, you understand and accept that certain Account profile details, including but not limited to your profile name and photo will be available to the public as well as the posts and comments that you publish. We will respect the choices you make to limit visibility as designated in your Account settings.
It’s important that you provide us with accurate, complete and up-to-date information and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your use of the Services. You agree that you won’t disclose your Account password to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.
Feedback
Malwarebytes welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing Malwarebytes at policies@malwarebytes.com . Any feedback you provide through the Services shall be deemed to be non-confidential. Malwarebytes shall be free to use such information on an unrestricted basis without any obligation to you.
Privacy Policy
Please refer to our Privacy Policy https://www.malwarebytes.com/legal/privacy-policy/ for information on how we collect, use and disclose information from our users. By using our Services, you agree that Malwarebytes can use such data in accordance with our Privacy Policy. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. For avoidance of doubt, “Content” does not include software made available by Malwarebytes via the Services.
Content Ownership, Responsibility and Removal
Malwarebytes does not claim any ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Malwarebytes and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you grant to Malwarebytes a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, host, store, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other users of the Services and to develop new Services. This license continues even if you stop using our Services.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Malwarebytes on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Malwarebytes
Subject to your compliance with these Terms, Malwarebytes grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
General Prohibitions
You must follow any policies made available to you within the Services. You agree not to do any of the following:
● Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
● Use, display, mirror or frame the Services, or any individual element within the Services, Malwarebytes’ name, any Malwarebytes trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Malwarebytes’ express written consent;
● Access, tamper with, or use non-public areas of the Services, Malwarebytes’ computer systems, or the technical delivery systems of Malwarebytes’ providers;
● Attempt to probe, scan, or test the vulnerability of any Malwarebytes system or network or breach any security or authentication measures;
● Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Malwarebytes or any of Malwarebytes’ providers or any other third party (including another user) to protect the Services or Content;
● Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Malwarebytes or other generally available third party web browsers;
● Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
● Use any meta tags or other hidden text or metadata utilizing a Malwarebytes trademark, logo URL or product name without Malwarebytes’ express written consent;
● Use the Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
● Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
● Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
● Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
● Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
● Impersonate or misrepresent your affiliation with any person or entity;
● Violate any applicable law or regulation; or encourage or enable any other individual to do any of the foregoing.
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Copyright Protection
Malwarebytes respects copyright law and expects its users to do the same. It is Malwarebytes’ policy respond to notices of alleged copyright infringement and terminate, in appropriate circumstances, Account holders or subscribers who repeatedly infringe the rights of copyright holders according to the processes set out in the U.S. Digital Millennium Copyright Act . Please see Copyright Policy at https://www.malwarebytes.com/copyright, for further information.
Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. Our Services may also display third-party content including but not limited to forum posts made by other Account holders. This content is the sole responsibility of the entity that makes it available. We may review such content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You can stop using our Services at any time. You may cancel your Account at any time by sending an email to us at policies@malwarebytes.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content or Services.
Indemnity
You will indemnify and hold harmless Malwarebytes and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER MALWAREBYTES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MALWAREBYTES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MALWAREBYTES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIFTY U.S. DOLLARS ($50 USD). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
General Terms
These Terms constitute the entire and exclusive understanding and agreement between Malwarebytes and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Malwarebytes and you regarding the Services and Content. These terms control the relationship between Malwarebytes and you. They do not create any third party beneficiary rights. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Malwarebytes under these Terms, including those regarding modifications to these Terms, will be given by Malwarebytes: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Malwarebytes’ failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Malwarebytes. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Santa Clara County, California, U.S.A., and you and Malwarebytes consent to personal jurisdiction in those courts.
Contact Information
If you have any questions about these Terms or the Services, please contact Malwarebytes at policies@malwarebytes.com.