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ACCEPTANCE OF TERMS (As provided by the File Distribution Service).
Our Content Distribution Partner provides the File Distribution service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
BY UTILIZING THE SERVICES OFFERED, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS.
(Please Note: Upon acceptance as a file distribution member you will have access to your account information and be able to administer your account through a password protected interface.
You are responsible for maintaining the confidentially of your account and your password.
You are responsible for all activity that occurs via your account. If you have reason to believe that your account security has been breached it is your responsibility to notify the content distributor site in a timely manner so that we can take the appropriate action on the account).
DESCRIPTION OF SERVICE
The file distributor provides a central storage and distribution service for various software vendors and publishers ("Authors").
It then offers this content along with additional tools to various websites requesting the use of such content ("Affiliates").
Together these functions constitute (The "Service") and the Affiliates and Authors constitute (The "Members").
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new file distribution resources, shall be subject to the TOS.
The file distributor is a web-based company. In order to use this Service you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the file distributor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the file distributor has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
FILE DISTRIBUTOR PRIVACY POLICY
Please see the separate section regarding their Privacy Policy
MEMBER/VISITOR CONDUCT
As a condition of your continued use of the Services you agree not to use this Service for any unlawful purposes or for any purposes specifically outlined in this document as being outside the scope of their terms and conditions as defined in this document.
In addition, you understand that all information posted to the file distributor ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that the Author, and not the file distributor, is entirely responsible for all Content uploaded, posted or otherwise transmitted via the Service.
The file distributor does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
This Service is provided for the personal use of their Members and visitors. By using this Service you agree that you and your visitors will not without the express written consent of the file distributor or the original author:
- Add to any online collection, webpage or display in any way other than via the file distributor pages stored on their servers, the files and any text describing the said files (The "Site Content").
- Redistribute the Site Content via email, CD or any other media form for profit, or otherwise.
- Repackage and/or distribute the Site Content in any form.
- Remove or download the files from their servers for any use other than personal use. This includes, but is not limited to, the packaging of any of the Site Content to be redistributed as a convince or an alternate to downloading for any form of payment (including barter).
- Not to be alter, tamper with, strip or redistributed either singly, in part or in whole any of the Content.
In addition to the above, you further agree not to use the service to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way.
- Impersonate any person or entity, including, but not limited to, the file distributor official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page).
- Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose.
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- "stalk" or otherwise harass another.
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
If you are unsure whether any contemplated use or action is permitted, please send mail to support@ezthemes.com and we will assist you.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Please note: As an Affiliate of the file distributor you are responsible for the actions of your visitors with respect to the above two statements. It is strongly recommended that you utilize the above statements in your own Terms and Conditions documentation.
CONTENT SUBMITTED
The file distributor does not claim ownership of the Content placed on their servers. By submitting Content to the file distributor you grant the file distributor the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Content on the file distributors Internet properties and the properties of their Affiliates. In addition, you also grant the file distributor permission to create a transport agent for your software that will enable us to serve advertising messages and/or transport additional software to the end user during the installation process. This license exists only for as long as you continue to be a member and shall be terminated at the time your account is terminated.
MONITORING
The file distributor has no obligation to monitor the distribution Site. However, you agree that the file distributor has the right to monitor the distribution Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the file distribution Site properly, or to protect itself or its subscribers.
The file distribution site will not intentionally monitor or disclose any private electronic-mail message unless required by law.
The file distribution site reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
INDEMNITY
You agree to indemnify and hold the file distribution site, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the file distribution site may establish general practices and concerning use of the Service, including without limitation the maximum number of days that any uploaded Content will be retained by the Service.
You agree that the file distribution site has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that the file distribution site reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the file distribution site reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
The file distribution site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the file distribution site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that the file distribution site, in its sole discretion, may terminate your password, use of the Service or use of any other the file distribution site service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the file distribution site believes that you have violated or acted inconsistently with the letter or spirit of the TOS.
the file distribution site may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the file distribution site may immediately deactivate or delete all related Site Content and/or bar any further access to such Content or the Service.
Further, you agree that the file distribution site shall not be liable to you or any third-party for any termination of your access to the Service.
ADVERTISEMENTS AND PROMOTIONS
the file distribution site runs advertisements and promotions on file distributors site pages. By creating your file distributors site Affiliate account, you agree that the file distributors site has the right to run such advertisements and promotions. The manner, mode and extent of advertising by the file distributors site on these pages is subject to change.
Your personal correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that the file distributors site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service or as a result of this Service being unavailable specifically to you or as a result of this service being unavailable as a whole for any reason whatsoever.
EXTERNAL LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the file distributors site has no control over such sites and resources, you acknowledge and agree that the file distributors site 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 the file distributors site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be 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.
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through The Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the file distributors site or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The file distributor site grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; 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 Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the file distributor site for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE FILE DISTRIBUTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FILE DISTRIBUTOR SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- THE FILE DISTRIBUTOR SITE MAKES NO WARRANTY THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS.
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FILE DISTRIBUTOR SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FILE DISTRIBUTOR SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE.
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
- ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections again.
They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt.
The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes.
The file distributor site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
COPYRIGHTS
The file distributor site respects the intellectual property of others, and we ask users to do the same. All content submitted to The file distributor site must be original content designed and developed by the author submitting the file. If the author is not the owner of the intellectual property rights for any of the material used in a file, permission to use the material must have been obtained from the owner of the intellectual property rights in advance of posting the file to The file distributor site. The file distributor site may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email us at support@ezthemes.com stating the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the site (Including the specific URL that would allow to investigate the material).
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and The file distributor site and govern your use of the Service, superceding any prior agreements between you and The file distributor site (including, but not limited to, any prior versions of the TOS).
You also may be subject to additional terms and conditions that may apply when you use affiliate or other The file distributor site services, third-party content or third-party software.
The TOS and the relationship between you and The file distributor site shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.
The failure of The file distributor site to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
By agreeing to the Acceptable Use Policy you acknowledge the following
- You must follow all Arizona State laws and Federal US Laws.
- Any legal disputes will be handled in Phoenix (Arizona,USA) and or Maricopa County(Arizona, USA) Courts.
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