Acceptance
of Terms of Use
Please review the following terms and conditions carefully. This agreement
is a legally binding contract between you ("You" or "Your") and Internet
Download Store ("Internet Download Store," "We" or "Us") regarding Your
access to and use of the Internet Download Store web site (the "Site"). By
accessing the Site, You agree to the terms and conditions as outlined in
this legal notice. Internet Download Store reserves the right to change
these terms and conditions from time to time at its sole discretion, without
prior notice, by posting such revised terms and conditions on the Site. It
is Your obligation to routinely review these terms and conditions and Your
continued use of the Site following any such change (whether or not You have
reviewed such change) constitutes Your agreement to follow and be bound by
the terms and conditions as changed.
Your Conduct
You agree not to: (a) upload, transmit, post, email or otherwise make
available to the Site, any content or other material in any format that: (x)
is false, inaccurate, unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, invasive of another's privacy, and/or otherwise
objectionable; (y) infringes any third party's intellectual property; or (z)
contains viruses, worms, Trojan horses, corrupted files, or any other
similar software or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment; (b) alter, remove, or falsify any attributions or other
proprietary designations of origin or source of any other content appearing
on the Site or contained in a file that is uploaded to the Site; (c)
impersonate any person or entity, including, but not limited to, an Internet
Download Store official or falsely state or otherwise misrepresent Your
affiliation with a person or entity; or (d) attempt, through any means, to
gain unauthorized access to the Site. The use of any device, software or
routine that interferes or attempts to interfere with the proper working of
the Site is expressly prohibited.
Billing
You will be billed for a lump-sum that includes the length of your payment
terms.
Proprietary Rights Restrictions
All material on the Site including without limitation all informational
text, photographs, graphics, audio, video, messages, files, documents,
images or other materials (collectively, the "Materials"), whether publicly
posted or privately transmitted, as well as all derivative works, is owned
by Internet Download Store or other parties that have licensed their
material to Internet Download Store and is protected by copyright, trademark
and/or other intellectual property laws. Internet Download Store disclaims
any proprietary interest in trademarks, service marks, logos, slogans,
domain names and trade names other than its own. Trademarks, logos, images
and service marks displayed on the Site are the property of either Internet
Download Store or other third parties. You agree not to display or use such
marks without written permission from Internet Download Store or the
appropriate party.
The Materials on
the Site may not be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, including by e-mail or other
electronic means. Use of the services offered by Internet Download Store
requires an email address. You, as a Member are solely responsible for using
your own email address to gain authorized access. You also agree not to
disclose or otherwise disseminate your user email address to gain
unauthorized access, except as may be specifically required by law.
Unauthorized access to the service is a breach of this agreement and a
violation of law. Any modification of the Materials, use of the Materials on
any web site or networked computer environment, or use of the Materials for
any purpose other than personal, non-commercial use is a violation of the
copyright, trademark, and other proprietary rights in the Materials and is
expressly prohibited. Nothing on this Site shall be construed as conferring
any license under any of the Internet Download Store or any third party's
intellectual property rights, whether by estoppels, implication or
otherwise.
Internet Download Store Services
Internet Download Store makes no claim to ownership or other control or
rights to any software recommended by Internet Download Store or its agents.
All software recommendations refer to either "Freeware" or software that is
otherwise available without charge to individuals at large for specific
purposes. None of the charges assessed to members of Internet Download Store
entitle You, as a Purchaser to any ownership, licensing rights or recourse
with regard to use of the software other than those rights offered by the
software owners or licensees. The fees and charges assessed by Internet
Download Store represent recurring monthly club membership fees which
entitle You as a Purchaser to access to the location, evaluation, and or
recommendation of those software products available from the web site and
for the information provided to purchasers. Internet Download Store Members
may cancel at anytime during the course of their membership.
Links to Other Web Sites
This Site may produce automated search results or otherwise link You to
other sites on the Internet. If any link is offered connecting You to a
third party web site, it is as an accommodation to You and to the respective
third party site owner and is provided without charge. Sites linked to and
from this Site are not necessarily under the control of Internet Download
Store and We shall have no responsibilities or liabilities whatsoever for
the content including, without limitation, the accuracy or reliability of
any information, data, opinions, advice or statements set forth therein, or
privacy practices of any such linked site or any link or linking program at
any time. These sites may contain information or material that some people
may find inappropriate or offensive. These other sites are not under the
control of Internet Download Store, and You acknowledge that Internet
Download Store is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of such sites. The
inclusion of such a link does not imply endorsement of the site by Internet
Download Store or any association with its operators. We do not necessarily
endorse companies (or related products or services) to or from which the
Site is linked. If You decide to access any of the third party sites linked
to this Site, You do so entirely at Your own risk.
Disclaimer of Warranties
The Materials on this Site may contain inaccuracies or typographical errors.
We make no representations about the accuracy, reliability, completeness or
timeliness of the Materials. The use of this Site and the Materials is at
your own risk.
Internet Download
Store DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS
SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF
YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, Internet Download Store IS NOT RESPONSIBLE FOR
THOSE COSTS.
THE SITE, AND THE
CONTENTS THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT,
NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT
RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE
SITE OR THE INTERNET. Internet Download Store DOES NOT EXERCISE CONTROL OVER
ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE AND THEREFORE PROVIDES NO
REPRESENTATIONS OR WARRANTIES REGARDING SAME. ADDITIONALLY, THE SITE MAY BE
UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR
CONTROL.
Limitation of Liability
Internet Download Store AND ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITE, (B)
THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO THIS SITE AND THE CONTENT,
GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE OR ACTION TAKEN
BY YOU IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE SITE,
AND/OR (E) THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN
(INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR
SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER
BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH)
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Internet Download Store
CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO
THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Internet Download
Store's SITES/SERVICE/SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Internet Download Store
SITES/SERVICE/SOFTWARE.
THE PROVISIONS OF
THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME STATES
DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY
NOT APPLY TO YOU.
Indemnification
You agree to indemnify, hold harmless and release Internet Download Store,
its directors, officers, and employees, from and against any and all claims,
damages, costs and expenses, including reasonable attorney's fees, arising
from or related to Your use of the Site and/or any content contained
therein.
Changes to the Service
We reserve the right to modify, suspend or discontinue all or any portion of
the Site at any time, with or without notice. Unless stated otherwise, any
new features to the current Site shall be subject to these Terms of Use.
Parts of this Site are currently accessible to users without charge, however
We reserve the right to charge users for access to or use of any portion of
the Site in the future. These Terms of Use may be modified by Internet
Download Store at any time with or without prior notice. Any such changes
will be posted on the Site. Your continued use of the Site shall be deemed
acceptance of any modifications.
Failure to Abide by these Terms
Internet Download Store may in its sole discretion terminate or suspend Your
access and use of this Site immediately without notice to You if You breach
these Terms of Use or if We are unable to verify or authenticate any
information that You provide to Us. You agree that Internet Download Store
shall not be liable to You or any third party for any termination of Your
access to any Materials and/or the Site.
Miscellaneous
This Terms of Use constitutes the entire agreement between You and Internet
Download Store with respect to the Site. If any provision of this Terms of
Use is found to be invalid or unenforceable by a court of competent
jurisdiction, such provision shall be severed from the remainder of the
Terms, which shall remain in full force and effect. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. The section headings used
herein are for convenience only.
YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND
BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
THE AGREEMENT BETWEEN YOU AND Internet Download Store WHICH SUPERSEDES ANY
PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS
BETWEEN YOU AND Internet Download Store RELATING TO YOUR USE OF THE SITE.
