Terms of Service

Last Updated: September 26th, 2012

These Terms of Service constitute a legal agreement between you and Avira. Avira shall mean Avira, Inc., 330 Primrose Rd, Burlingame, CA 94010, USA except if you are located outside the United States or Canada, then Avira shall mean Avira Operations GmbH & Co. KG, Kaplaneiweg 1, 88069 Tettnang, Germany. Avira (“Avira”, “we”, “us”, “our”), alone or through its affiliates, provides the monitoring services described in more detail on and via our website at www.SocialShield.com (“Site”), that enable parents and legal guardians to observe their children’s access of and interaction with social networking websites (“Services”). We provide our Services to you in accordance with the below terms and conditions and our Privacy Statement (collectively, the “Terms of Service”), which govern your access and use of our Services and Site, and our provision of Services to you. By registering to use our Services and Site and establishing an account with us, you accept and agree to be bound by these Terms of Service and to abide by all laws applicable to your use of our Services and Site. If you have any questions regarding these Terms of Service, please contact us via email at socialnetworkprotection@avira.com.

1. Eligibility for Services

To be eligible to use and continue to use our Services, you agree to the following and represent and warrant that you: (i) are 18 years of age or older, and have the legal capacity to enter into a contract; (ii) are the parent or legal guardian of the child or children for whom you desire to use our Services and Site, have the legal right to use our Services and Site in connection with the child or children and that the child or children are each less than 18 years of age, are not married and are not otherwise emancipated, or have consented to your use of our Services and Site with respect to them; (iii) are not currently restricted or prohibited from using our Services or are not otherwise restricted or prohibited from having a customer account, (iv) are not a competitor of Avira or are not using the Services for competition with Avira; (v) are not using our Services for monetary or commercial gain; (vi) will not use the Services with respect to any person who is 18 years of age or older, is married or is otherwise emancipated, or who has not consented to your use of the Services with respect to them; (vii) will inform Avira when any child or children for whom you have been previously using our Services becomes 18 years of age, becomes married or becomes otherwise emancipated, or rescinds their consent for you to use our Services in connection with them; (viii) will only maintain one customer account at any given time; (ix) will not violate any other agreement to which you are a party by agreeing to these Terms of Service or using our Services or Site; (x) will not violate, or provide any information or content to Avira that violates, any rights of Avira or of any third party, including any intellectual property rights such as patent, trademark, copyright, moral, or trade secret rights or any rights pertaining to confidential information; (xi) agree to provide at your cost, all equipment, software and Internet access necessary to use our Services; (xii) will not attempt to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (xiii) will not adapt, modify or create derivative works based on technology underlying the Services or other users’ content, in whole or part; (xiv) will not remove, obscure or deface any legends or notices pertaining to patent, copyright, trademark or other intellectual property rights; (xv) will not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any of our Site’s web pages; and (xvi) are not prohibited from receiving any services or products originating in the United States.

2. Your Customer Account

In order to receive our Services via our Site, you must first register and establish an account with us through our Site by providing us with such fully complete and accurate personal information as we may reasonably require, including, but not limited to, your name, address, phone number(s) and email address. You agree to keep all of such personal information updated and correct in our records through use of our Site, and represent and warrant that the provided personal information is truthful and accurate, and not false or fraudulent. After providing us with your personal information, you may select a username and password (collectively, your “Login Credentials”) that you will use to access and utilize our Services via our Site. You will maintain, and are solely responsible for maintaining, the confidentiality of your Login Credentials and will restrict and limit access to our Services and Site using your Login Credentials. Moreover, you agree to accept responsibility for all activities involving use of your account. After registering with us and for so long as permitted by Avira, you may access our Services and Site. If you breach or fail to abide by these Terms of Service, Avira may revoke the license granted to you below and may terminate or suspend your access to our Site and our provision of Services to you in whole or in part, at our sole discretion and without notice.

3. Services

On the condition that you abide by these Terms of Service and comply with all of your obligations hereunder, Avira hereby grants you, and you hereby accept, a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license and right to access our Services and Site, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data), view information, and use the Services that we provide on our webpages in accordance with these Terms of Service; provided, however, that Avira may at any time and in its sole discretion, discontinue the provision of our Services and Site, in whole or in part, or revoke such license and right without notice. Any use of our Services or Site contrary to these Terms of Service is strictly prohibited and constitutes a violation of thereof. Between Avira and you, and except for User-Provided Content owned by you and the rights granted to you by Avira under these Terms of Service, Avira exclusively owns and reserves all right, title and interest (including, but not limited to, all intellectual property, proprietary and other rights) in and to our Site, information, content, materials, software, products, data and all related items used to provide, in connection with, or related to our Services.

In order to use our Services and Site, you agree to provide information required by us to provide such Services and authorize us to utilize such information to search the Internet and social networking sites for other information, content, or materials related to a child or children for whom you desire to receive such information, content, or materials. Avira cannot, and does not, guarantee or warrant that our Services will discover all information, content, or materials related to your child’s or children’s access to, or use of, or interaction with, all social networking sites.

Please be advised that our Services and Site, as well as the software and methods we employ to provide our Services and Site, may change at any time. We also reserve the right to charge fees for our Services in the future, but will not do so without providing reasonable notice to you. Further, you understand and acknowledge that our Services may not be available and may not operate as intended at all times.

4. Electronic Alerts

We may provide automatic service alerts and account-related alerts to you from time-to-time. Such alerts will generally be sent to the email address you have provided to us as your primary email address. If your primary email address changes, you are responsible for informing us of that change. Avira shall have no liability or responsibility related to such alerts which you do not receive. Please be reminded that anyone with access to your email will be able to view the content of our alerts. Using our Site, you can modify your communication preference for receiving such automatic service and account-related alerts at any time, and may instruct us not to provide future alerts via email.

5. User-Provided Content

5.1 Except for information, images, videos, audio, materials, software and data owned by Avira or a third party and as between you and Avira, you own the information, images, videos, audio, materials and data you provide to Avira via the Site under these Terms of Service and in connection with your access and use of our Services and Site (“User-Provided Content”).

5.2 Our Site may provide a community where you can communicate with other users and with us. By participating in the community, you agree to follow the following rules:

  1. Your User-Provided Content intended for display on our Site shall not include any content that is illegal, indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profanity), threatening, defamatory, invasive of privacy or otherwise injurious to third parties, and that it shall not include software viruses, worms, malware, political campaigning, commercial solicitation, chain letters, mass mailings or any content commonly known as “spam”.
  2. You shall not use a false e-mail address, impersonate any person or entity, or mislead as to the origin of your User-Provided Content.
  3. You shall not submit User-Provided Content that infringes in any manner on the patent, copyright, trademark or other intellectual property rights of any person or entity, or that contains any trade secret, confidential or proprietary information of any person or entity or that otherwise violates the legal rights of any person or entity.
  4. Avira is not responsible for another user’s use, misuse or misappropriation of User-Provided Content that you provide to us, to our Site or to another user via our Site.

5.3 You may request deletion of User-Provided Content provided that you have shared information or content with others and they have not deleted it, or unless it was copied or stored by other users.

5.4 By providing User-Provided Content to us, you represent and warrant that you own or are lawfully entitled to submit such User-Provided Content to us and that such User-Provided Content is accurate, not confidential (with the exception of personal information) and not in violation of any contractual restrictions or other third party rights. Any User-Provided Content that you submit to us is at your own risk of loss.

6. Privacy

For information about how we collect and use your personal information, please read our Privacy Statement. Please be advised that we may change or update our Privacy Statement from time-to-time at our sole discretion. We will use reasonable efforts to notify you of any material changes or updates to our Privacy Statement via notices provided via this Site prior to such changes or updates being effective.

7. Copyright Complaints

If you believe that your User-Provided Content has been copied by us or by another user of our Site in violation of the license you granted to us or in a manner that may constitute copyright infringement, please contact us at socialnetworkprotection@avira.com and include all related details.

8. Third Party Links

Linked third party websites are not under our control and therefore we cannot assume responsibility for the contents of such links. We review the contents of such external links before linking; however, we cannot reasonably ensure a permanent control of third party websites. As soon as we become aware of an infringement by a linked website, we will remove the link without delay.

9. Your Indemnification of Avira

You hereby agree to defend, indemnify and hold harmless, Avira and its officers, directors, members, employees, agents and representatives from and against any and all claims, demands, liabilities, damages, losses and expenses (including, without limitation, reasonable attorney's fees and costs), arising out of or in connection with: (i) your breach or violation of these Terms of Service; (ii) your access or use of the Services, Site, information, content, materials, software, products and data; (iii) your provision of User-Provided Content to Avira or third parties; (iv) your violation of any law or of any third party right, including, without limitation, any intellectual property, moral, publicity, confidentiality, property or privacy right; or (v) your false, fraudulent, malicious or inaccurate representation of your identity.

10. Liability and Warranty Disclaimers

ALL SERVICES, INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS AND DATA INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND. YOUR USE OF THE SERVICES, SITE, INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS AND DATA ARE AT YOUR SOLE DISCRETION AND RISK. AVIRA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES OF TITLE, MISAPPROPRIATION AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. AVIRA HEREBY FURTHER DISCLAIMS ALL WARRANTIES PERTAINING TO: (I) THE ACCURACY OR RELIABILITY OF THE SERVICES, SITE, INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS AND DATA PROVIDED BY AVIRA; (II) THE AVAILABILITY, SECURITY, AND OPERATION OF THE SERVICES OR SITE; OR (III) THE SERVICES, SITE, INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS, AND DATA PROVIDED BY AVIRA BEING FREE FROM ERRORS OR THAT ANY ERRORS WILL BE CORRECTED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

IN NO EVENT SHALL AVIRA OR ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE SERVICES, SITE, OR ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS, OR DATA INCLUDED IN OR AVAILABLE THROUGH THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER AVIRA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF AVIRA UNDER THESE TERMS OF SERVICE OR IN CONNECTION WITH THE SERVICES, SITE, OR ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS, OR DATA INCLUDED IN OR AVAILABLE THROUGH THE SITE, EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS (US$500). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF DAMAGES, SO THE FOREGOING MAY OR MAY NOT APPLY TO YOU.

12. Modifications

Avira reserves the right to change, update, amend or modify these Terms of Service and other legal notices of this Site at any time. Notice of such changes will be provided to you by posting of the changes on this Site or by transmission of a notification to you using the email address you provided to us during your registration to use our Services and Site. You may object to the changes, if you desire, by providing Avira with notice of your objection via email or in writing. If you do not object to the changes within four (4) weeks after receiving notice of the changes (hereinafter referred to as “Objection Period”), the changes shall be deemed unequivocally accepted by you. If you object to the changes within the Objection Period, Avira may, in its sole discretion, permit you to continue to use our Services and Site under the then present Terms of Service or terminate your use of our Services and Site. Objections, notifications and other correspondence from you to Avira shall be sent to Avira at socialnetworkprotection@avira.com. Avira further reserves the right to, and may, change, restrict access to, suspend or discontinue Services, the Site or any portion of the Services or Site, and do so with respect to you, any other user or to all users at any time.

13. Required Disclosures of Information

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (i) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce these Terms of Service; (iii) respond to claims of a violation of the rights of third parties, whether or not the third party is a registered user, individual, or government agency; (iv) respond to customer service inquiries; or (v) protect the rights, property or personal safety of Avira, our users or the public.

14. Export Control

Your use of our Services, including our software, may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert or otherwise dispose of any Service or software to any end-user without obtaining the required authorizations from the appropriate government authorities.

15. Governing Law and Arbitration

These Terms of Service and all disputes arising out of, or in connection with, your use of the Services or the Site shall be governed exclusively by the laws of the United States of America and the State of California, as applicable, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 and without regard to any laws that would direct the choice of the laws of another state or jurisdiction.

Any controversy or claim in any way related to use of our Services shall be determined by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association by three arbitrators. The place of arbitration shall be San Francisco. The language of the arbitration shall be English. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not by way of a class, consolidated or representative.

16. Miscellaneous

These Terms of Service constitute the entire agreement between you and Avira concerning the Services and Site, and your use of the Services and Site, and supersede any and all prior agreements or understandings, whether oral or written, with respect to the same. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and the non-assertion of any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. No amendment of these Terms of Service shall be enforceable against Avira unless such amendment is made as expressly set forth herein. Any amendment not made in accordance with these Terms of Service shall be void and of no force or effect. The rights and obligations under these Terms of Services are not assignable or delegable by you and any purported assignment or delegation by you of such rights and obligations, in whole or in part, shall be ineffective.

17. Provisions for Services under German Law

17.1 Section 1 (Eligibility for Services) shall be replaced in its entirety by the following

To be eligible to use and continue to use our Services, you agree to the following and represent and warrant that you: (i) are 18 years of age or older, and have the legal capacity to enter into a contract; (ii) are the parent or legal guardian of the child or children for whom you desire to use our Services and Site, have the legal right to use our Services and Site in connection with the child or children and that the child has consented to your use of our Services and Site with respect to them; (iii) are not currently restricted or prohibited from using our Services, or are not otherwise restricted or prohibited from having a customer account, (iv) are not a competitor of Avira or are not using the Services for competition with Avira; (v) are not using our Services for monetary or commercial gain; (vi) will not use the Services with respect to any person who has not consented to your use of the Services with respect to them; (vii) will inform Avira when any child or children for whom you have been previously using our Services rescinds their consent for you to use our Services in connection with them; (viii) will only maintain one customer account at any given time; (ix) will not violate any other agreement to which you are a party by agreeing to these Terms of Service or using our Services or Site; (x) will not violate, or provide any information or content to Avira that violates, any rights of Avira or of any third party, including any intellectual property rights such as patent, trademark, copyright, moral or trade secret rights or any rights pertaining to confidential information; (xi) agree to provide at your cost, all equipment, software, and Internet access necessary to use our Services; (xii) will not attempt to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (xiii) will not adapt, modify or create derivative works based on technology underlying the Services or other users’ content, in whole or part; (xiv) will not remove, obscure or deface any legends or notices pertaining to patent, copyright, trademark or other intellectual property rights; (xv) will not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any of our Site’s web pages; and (xvi) are not prohibited from receiving any services or products originating in the United States.

17.2 Section 10 (Liability and Warranty Disclaimers) shall be replaced in its entirety by the following provision:

  1. Unless expressly agreed otherwise, the Services provided by Avira shall be in line with the current-state-of-the-art technology. Avira does not warrant that the Services under the agreement will be fit for purposes beyond the fulfilment of Avira's obligations under the agreement. No warranty shall be provided for Services granted by Avira free of charge. Any liability for damages or expenses incurred in vain ("Ersatz vergeblicher Aufwendungen") on the part of Avira shall be subject to clause 11. hereinafter.
  2. You shall notify Avira without undue delay if a third party asserts claims against you based on infringement of intellectual property rights by the Service ("Rechtsmangel"). Should there be any information of such, whether in written documents or correspondence or in other forms, you shall provide these to Avira without undue delay. In case of legitimate claims by third parties Avira will indemnify you of the costs that originate from the assertion of such third party's claims (including reasonable attorney fees, limited to the statutory remuneration of attorneys if applicable). Furthermore, Avira's liability for loss of profits due to such defects is limited to five times of the Fee amount, except where the defects were caused by intentional or gross negligent behaviour of Avira.

17.3 Section 11 (Limitation of liability) shall be replaced in its entirety by the following provision: Notwithstanding the legal nature of the relevant claim, the following shall apply to your damage claims and claims for expenses incurred in vain ("Ersatz vergeblicher Aufwendungen"):

  1. Avira shall be liable for any of your damages resulting from gross negligent or intentional behaviour of Avira, which are due to culpable injury to life, body and health, which arise due to the assumption of a guarantee or according to the Product Liability Act. In all other cases Avira's liability for damages is limited to the infringement of material obligations of the agreement. Material obligations are only such obligations which fulfilments allow the proper execution of the agreement in the first place and where you may rely on the compliance with these obligations. Avira's liability for the loss of data is limited to the typical expenditures required for the restoration thereof, which are normal and typical if security copies have been made.
  2. Avira's liability in case of negligent infringement of material obligations of the agreement by Avira shall be limited to foreseeable damages, which are typical for this type of contract.
  3. A strict liability of Avira for defects existing at the time of entering into this agreement pursuant to section 536 a para. 1, alternative 1 German Civil Code (BGB) is hereby expressly excluded.
  4. The foregoing limitations of liability also apply with regard to all Avira's representatives, including but not limited to its directors, legal representatives, employees and other vicarious agents.