Virtual World Computing, LLC
5383 Hollister Ave., Suite 120
Santa Barbara, CA 93111
P: (703) 531-8875
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These Terms of Service apply to the executable code version of TUSK Browser. Source code for TUSK Browser is available free of charge under open source software license agreements at https://chromium.googlesource.com/chromium/src/+/HEAD/LICENSE
- Your relationship with TUSK Browser
1.1 Your use of TUSK Browser’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by TUSK Browser under a separate written agreement) is subject to the terms of a legal agreement between you and TUSK Browser. “TUSK Browser” means Virtual World Computing, LLC, whose principal place of business is at 5383 Hollister Ave., Suite 120, Santa Barbara, CA 93111, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with TUSK Browser, your agreement with TUSK Browser will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”. Open source software licenses for TUSK Browser source code constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Universal Terms, the open source licenses govern your agreement with TUSK Browser for the use of TUSK Browser or specific included components of TUSK Browser.
1.3 Your agreement with TUSK Browser will also include the terms set forth below in the TUSK Browser Additional Terms of Service and terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and TUSK Browser in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
- Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by TUSK Browser in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that TUSK Browser will treat your use of the Services as acceptance of the Terms from that point onwards.
- Language of the Terms
3.1 Where TUSK Browser has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with TUSK Browser.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
- Provision of the Services by TUSK Browser
4.1 TUSK Browser has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of TUSK Browser itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 TUSK Browser is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which TUSK Browser provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that TUSK Browser may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at TUSK Browser’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform TUSK Browser when you stop using the Services.
4.4 You acknowledge and agree that if TUSK Browser disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
- Use of the Services by you
5.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.3 Unless you have been specifically permitted to do so in a separate agreement with Cocoon, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.4 You agree that you are solely responsible for (and that TUSK Browser has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TUSK Browser may suffer) of any such breach.
- Privacy and your personal information
6.2 You agree to the use of your data in accordance with TUSK Browser’s privacy policies.
- Content in the Services
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”
7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to TUSK Browser (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by TUSK Browser or by the owners of that Content, in a separate agreement.
7.3 TUSK Browser reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
7.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.5 You agree that you are solely responsible for (and that TUSK Browser has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which TUSK Browser may suffer) by doing so.
- Proprietary rights
8.1 You acknowledge and agree that TUSK Browser (or TUSK Browser’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
8.2 Unless you have agreed otherwise in writing with TUSK Browser, nothing in the Terms gives you a right to use any of TUSK Browser’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with TUSK Browser, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and TUSK Browser’s brand feature use guidelines as updated from time to time.
8.4 TUSK Browser acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with TUSK Browser, you agree that you are responsible for protecting and enforcing those rights and that TUSK Browser has no obligation to do so on your behalf.
8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.6 Unless you have been expressly authorized to do so in writing by TUSK Browser, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- License from TUSK Browser
9.1 TUSK Browser gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by TUSK Browser as part of the Services as provided to you by TUSK Browser (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TUSK Browser, in the manner permitted by the Terms.
9.2 Subject to section 1.2, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TUSK Browser, in writing.
9.3 Subject to section 1.2, unless TUSK Browser has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- Content license from you
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.
- Software updates
11.1 The Software which you use may automatically download and install updates from time to time from TUSK Browser. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit TUSK Browser to deliver these to you) as part of your use of the Services.
- Ending your relationship with TUSK Browser
12.1 The Terms will continue to apply until terminated by either you or TUSK Browser as set out below.
12.2 TUSK Browser may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) TUSK Browser is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) The partner with whom TUSK Browser offered the Services to you has terminated its relationship with TUSK Browser or ceased to offer the Services to you; or
(D) TUSK Browser is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) The provision of the Services to you by TUSK Browser is, in TUSK Browser’s opinion, no longer commercially viable.
12.3 Nothing in this Section shall affect TUSK Browser’s rights regarding provision of Services under Section 4 of the Terms.
12.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TUSK Browser have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
- EXCLUSION OF WARRANTIES
13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT TUSK Browser’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
13.3 IN PARTICULAR, TUSK Browser, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TUSK Browser OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.6 TUSK Browser FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY
14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TUSK Browser, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH TUSK Browser MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE TUSK Browser WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
14.2 THE LIMITATIONS ON TUSK Browser’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT TUSK Browser HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- Copyright and trade mark policies
15.1 It is TUSK Browser’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of TUSK Browser’s policy can be found at https://www.Cocoon.com/dmca.html.
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2 The manner, mode and extent of advertising by TUSK Browser on the Services are subject to change without specific notice to you.
16.3 In consideration for TUSK Browser granting you access to and use of the Services, you agree that TUSK Browser may place such advertising on the Services.
- Other content
17.1 The Services may include hyperlinks to other web sites or content or resources. TUSK Browser may have no control over any web sites or resources which are provided by companies or persons other than TUSK Browser.
17.2 You acknowledge and agree that TUSK Browser is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.3 You acknowledge and agree that TUSK Browser is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- Changes to the Terms
18.1 TUSK Browser may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, TUSK Browser will make a new copy of the Universal Terms available at https://www.Cocoon.com/intl/en/chrome/privacy/eula_text.html and any new Additional Terms will be made available to you from within, or through, the affected Services.
18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, TUSK Browser will treat your use as acceptance of the updated Universal Terms or Additional Terms.
- General legal terms
19.1 Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and TUSK Browser and govern your use of the Services (but excluding any services which TUSK Browser may provide to you under a separate written agreement), and completely replace any prior agreements between you and TUSK Browser in relation to the Services.
19.3 You agree that TUSK Browser may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
19.4 You agree that if TUSK Browser does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TUSK Browser has the benefit of under any applicable law), this will not be taken to be a formal waiver of TUSK Browser’s rights and that those rights or remedies will still be available to TUSK Browser.
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of companies of which TUSK Browser is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
19.7 The Terms, and your relationship with TUSK Browser under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and TUSK Browser agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Barbara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TUSK Browser shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Additional Terms for Extensions for TUSK Browser
20.1 These terms in this section apply if you install extensions on your copy of TUSK Browser. Extensions are small software programs, developed by TUSK Browser or third parties that can modify and enhance the functionality of TUSK Browser. Extensions may have greater privileges to access your Browser or your computer than regular webpages, including the ability to read and modify your private data.
20.2 From time to time, TUSK Browser may check with remote servers (hosted by TUSK Browser or by third parties) for available updates to extensions, including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
20.3 From time to time, TUSK Browser may discover an extension that violates TUSK Browser developer terms or other legal agreements, laws, regulations or policies. TUSK Browser will periodically download a list of such extensions from TUSK Browser’s servers. You agree that TUSK Browser may remotely disable or remove any such extension from user systems in its sole discretion.
- Additional Terms for Enterprise Use
21.1 If you are a business entity, then the individual accepting on behalf of the entity (for the avoidance of doubt, for business entities, in these Terms, “you” means the entity) represents and warrants that he or she has the authority to act on your behalf, that you represent that you are duly authorized to do business in the country or countries where you operate, and that your employees, officers, representatives, and other agents accessing the Service are duly authorized to access TUSK Browser and to legally bind you to these Terms.
21.2 Subject to the Terms, and in addition to the license grant in Section 9, TUSK Browser grants you a non-exclusive, non-transferable license to reproduce, distribute, install, and use TUSK Browser solely on machines intended for use by your employees, officers, representatives, and agents in connection with your business entity, and provided that their use of TUSK Browser will be subject to the Terms.
We use the information we collect to:
Provide you with information and services you request
Customize content, advertising, and your experience
Communicate with you about service updates and other administrative issues
Measure and improve our sites and services
Resolve disputes, address complaints, and troubleshoot technical problems
Analyze site and user behavior and prepare aggregated reports
Tell you about our services and those of our corporate family
Sharing and Disclosure
Opting Out of the Services
We provide multiple ways for you to opt out of our services. You may opt out of the collection of data collected by using tools provided by industry groups such as the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (the “DAA”). You may access the NAI opt-out tool here. This opt-out tool allows you to opt out of the data collection and preference-based ad programs of NAI member companies. These opt-out tools are cookie-based. Please note that these tools only prevent our third-parties from collecting data pertaining to you on the Browser on which they are installed, and will only function if your Browser is set to accept third-party cookies. If you delete an opt-out cookie from a Browser’s cookie files, we will collect data from that Browser until an opt-out cookie is reset on that Browser.
If you send emails to a recipient through our site, they will receive your email address and any personal message you include. Although we do not retain in any easily retrievable way the addresses you email, these emails are not private communications. You may not use our email tools to send spam or content that violates the User Agreement.
We do not send emails to anyone without permission, and we do not sell or rent email addresses to any unauthorized third party. This does not mean that we can prevent spam from happening on the Internet. If you believe that you have received an unsolicited email from us, please contact our Privacy Department and we will investigate.
Links to Other Sites
TUSK Browser uses physical, electronic and administrative safeguards, including advances firewall and password protection for our databases to help protect the security of information. For example, we restrict access to your information to employees that need to know that information in order to operate, develop or improve our services. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Children’s Privacy & Age Restriction
We do not knowingly solicit or collect personal information from children under the age of 13. If we learn that any personal information has been collected from a child under 13, we will delete the information as soon as possible. If you believe that we might have collected information from a child under 13, please contact us at: firstname.lastname@example.org.
Virtual World Computing, LLC
5383 Hollister Ave., Suite 120, Santa Barbara, CA 93111
TUSK Browser Opt-out Policy
- Opt out in your device settings
If end users do not want TUSK Browser to identify their mobile device, they can: (a) delete the Customer app or adjust the in-app settings of the Customer app if the app makes that option available (this will limit data collection from this app alone); or (b) opt-out of sharing your mobile advertiser ID by limiting ad tracking on the device.
For iOS, navigate to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting. For Android, open your Google Settings app > Ads > Enable “Opt out of interest-based advertising”.
Apple opt-out help:
Google opt-out help:
For more information on specific opt-out choices, please visit: http://www.networkadvertising.org/mobile-choices
- Give us your device information
Please email email@example.com with your device info and we will block it from use in our system. If you need help locating your device info, get in touch and we will help.
For more details about what information we collect and how we use and share it, you can review our privacy practices.