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Last Updated: December 09, 2010
PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISIONS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH APN, LLC. (“APN” or “we” or “us”) PROVIDES YOU WITH VARIOUS SERVICES ON THE WWW.POPDOWNLOADS.COM WEBSITE (THE "SITE"). ALL SERVICES PROVIDED BY APN ON THE SITE ARE COLLECTIVELY REFERRED TO AS THE “SERVICES”. UNLESS OTHERWISE STATED, USE OF THE SITE/SERVICES IS GOVERNED BY THESE TERMS OF USE AND THE PRIVACY POLICY AVAILABLE HERE BY ACCESSING AND USING THE SITE AND/OR SERVICES, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR SITE OR ANY SERVICES WE PROVIDE.
Ownership of our Site and Protection of Our Intellectual Property Rights
The contents of our Site are intended for the personal, noncommercial use of our users. PopDownloads.com is a property of APN. All right, title and interest to the content displayed on the Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of APN, or the respective third party owner, and are protected by copyright, trademark, patent or other proprietary rights and laws. You hereby acknowledge that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All APN-generated content and content provided to APN by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, APN owns a copyright in the selection, coordination, arrangement and enhancement of all content and in PopDownloads as a whole. Subject to your compliance with these Terms of Service, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Unless otherwise specified, modification or use of the content found on or accessed through the Site for any other purpose, including use of any such content on any other Web site or networked computer environment is strictly prohibited.
The APN name is the exclusive property of APN, LLC. All other trademarks appearing on the Site are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any content (including without limitation any software) available through the Site.
Changes To This Agreement
APN may make changes to this Terms of Service from time to time in its sole discretion. Each time changes are made, the revised Terms of Service will be posted on the PopDownloads Site. You can determine when this Terms of Use was last revised by referring to the "Last Updated" legend at the top of this Terms of Service. Your continued use of the Site following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement on this web page. Please check this page from time to time for current terms of use.
Our Privacy Policy The information that we obtain through your use of the Site, whether through a registration process or otherwise, is subject to our privacy policy which may be found here (the "Privacy Policy"). Among other things, the Privacy Policy sets forth our data collection and use policies. Please review the Privacy Policy before you use our Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site.
Other Policies Your use of the Site is also subject to any other posted policies, disclaimers and/or guidelines.
Your License to Access Content on Our Sites You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache and store content retrieved from the Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or remove or obscure the copyright notice or other notices displayed on the Site or the content available through the Site. You may not reproduce, print, cache, store, distribute or otherwise use any content retrieved from the Site for any commercial use without the prior written permission of APN or the copyright holder identified in the relevant copyright notice.
You agree not to modify the Services in any manner or form, or to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services or portions of the Services. You agree not to access the Services by any means other than through the interface that is provided by APN for use in accessing the Services.
Except as expressly provided in this Terms of Service, nothing contained herein or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of the APN content or the content of any third party. Any rights not expressly granted herein are reserved to APN.
No Automated Querying You may not send automated queries of any sort to the Site without express permission in advance from APN. Note that "sending automated queries" includes, among other things:
You agree not to use the Site to:
a. Harm or threaten to harm users in any way;
b. "Stalk" or otherwise harass any other person or entity;
c. Impersonate any person or entity (including a APN agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
e. Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
f. Violate any law (whether local, state, national, or international), whether or not intentionally;
g. Interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
h. Collect or store personal data about other users;
i. Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
You agree that your use of any information on the Site is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the information.
If you choose to make any submission or communication to APN or to or via the Site, you agree that we may copy, distribute, display, publish, modify or translate such submission for any purpose and in any medium worldwide without any obligation to compensate you or any other third party in any way for any such use. APN may grant other parties these same rights as to the submission.
Links to Other Web Sites The Site may include links to other World Wide Web sites or resources, including links in advertisements, websites or social networks. Because we have no control over such sites and resources, you acknowledge and agree that APN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact With Advertisers Or Third Party Vendors Your dealings with advertisers and third party vendors found on or through the Site or Services, including your participation in promotions, downloads, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. We do not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that APN will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws You agree to comply with all applicable laws regarding your use of our Site including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications To The ServicesAPN reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Site or Services.
Termination of Your Access to the Site, Services You agree that APN, in its sole discretion, may terminate your access to any of the Site or the Services, and/or remove, discard or modify any content within the services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Site or related Services may be effected without prior notice. If you use the Site in violation of these Terms of Service, APN may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that APN shall not be liable to you or any third party for the discontinuation or termination of your access to the Site.
Information Disclaimer and Disclaimer of Warranties BY USING THE SITE OR RELATED SERVICES YOU UNDERSTAND AND AGREE THAT:
A. THE SITE AND RELATED SERVICES ARE PROVIDED FOR PERSONAL AND INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. APN AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.
B. YOUR USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
C. APN MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR RELATED SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE THEREOF WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR RELATED SERVICES WILL MEET YOUR NEEDS.
D. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE OR RELATED SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE RELATED SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
F. APN EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY VENDORS.
Limitation Of Liability YOU UNDERSTAND AND AGREE THAT APN IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR RELATED SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON THE SITE, OR (6) ANY OTHER MATTER RELATING TO THE SITE OR THE RELATED SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT APN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL APN'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of APN You agree to indemnify and hold APN, LLC, its affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on the Site or related Services, (b) your connection to the Site, (c) your violation of this Terms of Service, or (d) your violation of any rights of another party.
Third Party Intellectual Property; Copyright Notifications We respect the intellectual property of others, and we ask our users to do the same. APN may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. APN will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide APN's copyright Agent with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
If you believe that your work has been removed or disabled by mistake or misidentification, please provide the APN's Copyright Agent with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that APN may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Please contact APN's Copyright Agent for copyright/intellectual property infringement notifications or counter-notifications at:
APN, LLC.
c/o Mindspark Interactive Network, Inc.
One North Lexington Ave., 9th Floor
White Plains, NY, 10601
Attn: Legal Dept. - Copyright Agent
Email: dmca@mindspark.com
No Other Agreements Between Us With the exception of our Privacy Policy, this Terms of Service constitutes the entire agreement between you and APN for governing your use of the Site and related Services and supersedes any prior agreements between you and APN for that purpose, including any membership agreements or other similar agreements applying to the Site or related Services.
Law Applicable to Interpretations and Disputes This Agreement and the relationship between you and APN are governed by the laws of the State of New York without regard to its conflict of law provisions. You and APN agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of New York County, New York.
Severability of This Agreement If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against APN You agree that any claim or cause of action arising out of your use of the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by APN to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision.
Contact Information If you have any questions or concerns with respect to these Terms of Service or our Site, you may contact APN at privacy@mindspark.com or by mail at:
APN, LLC.
c/o Mindspark Interactive Network, Inc.
One North Lexington Ave., 9th Floor
White Plains, NY, 10601
Attn: Legal Dept.
END OF DOCUMENT.
© 2010 APN, LLC. All Rights Reserved.