THIS IS AN IMPORTANT LEGAL DOCUMENT-READ CAREFULLY. CONTACT INFORMATION IS BELOW.
YOU SHOULD READ THESE TERMS CAREFULLY. THE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AS THE USER AND DF AS THE PROVIDER AND OPERATOR OF THE WEBSITES.
USEAGE OF THE WEBSITES IS ACCEPTANCE OF THESE TERMS. If you do not agree to the Terms, do not use the Websites.
IMPORTANT! CHANGES: DF reserves the right to change the Terms at any time and for any business reason. Review these terms regularly. Your continued use of the Websites following the posting of any revisions will mean you accept the revisions and will be legally bound by them.
The Websites are protected by copyrights, trademarks, trade secrets, patents, and other proprietary rights. The Websites are owned by DF and its licensors. For this purpose, the "Websites" include all of its text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material displayed or accessible on the Websites. DF grants Users a non-exclusive, non-transferable, limited right and license to use the Websites for personal or business matters. Users may not use, copy, distribute, modify or create derivative works from the Websites. Users may not re-display or attempt to frame or repurpose the Websites. DF retains and reserves all rights not licensed under these Terms.
COMMUNICATIONS AND SUBMISSIONS
If you send us any comments or questions about the Websites via email, telephone, or other means, we may keep the information forever. We may also use or disclose such information to third parties for any reason we want, provided the use applies or distribution of the information complies with all applicable laws or rules.
SOFTWARE WE PROVIDE
Your use of any software applications downloaded from the Websites will be governed by an Open Freely end-user license (an "EUL"). EULs must be accepted or a download will not be allowed. The applications may include "open source" and "free software" components or applications ("the "Open Source Software") which are subject to separate Open Source Software license terms as stated in the EUL. The Websites or EUL provides specific information on the Open Source Software and the licenses or other terms governing or controlling the use of such software.
SOFTWARE FROM OUR PARTNERS
DF may offer Users who download software applications, such as the Open Freely product, the opportunity to download other free software. DF frequently offers additional free software on behalf of third party contractors (the "Partners"). If you accept an offer to download additional free software, DF may receive a fee from a Partner. These Terms will not govern your use of any software received from our Partners. Partners will require you to accept usage terms and conditions prior to the download or installation of such software, if required.
NO CHILDREN ALLOWED
The Websites not for young children. If you are under 13, you may not use the Websites for any purpose.
TERMINATION OF ACCESS
DF may terminate your access to the Websites for: (a) violations of these Terms, whether or not intentional; (b) abuse of the resources of the Websites, such as hardware or network bandwidth; (c) the unauthorized access to Website computer files or data belong to DF or any other User; or (d) when required by law or court order. Termination of access to the Websites may be made without notice in the sole discretion of DF. DF will not be liable to a User or other party for any termination of access to the Websites. DF reserves the right to delete or save a User's account information or content upon a termination in its sole discretion.
LINKS TO OTHER WEBSITES
The Websites may provide links to websites owned and operated by others. DF exercises no control over websites owned or operated by third parties. The owners and operators of those websites are responsible for their own content and website operation. Use of linked websites is solely at the User's risk and peril.
THE WEBSITE, ANY DOWNLOADED SOFTWARE APPLICATIONS, AND ANY OFFERS FROM ANY DF PARTNERS OR OTHER THIRD PARTIES ARE AT THE USER'S SOLE RISK AND PERIL. THE WEBSITE, ANY DOWNLOADED SOFTWARE APPLICATIONS, AND THE OFFERS ARE PROVIDED ON "AS IS," "WHEN AVAILABLE", AND "AS AVAILABLE". DF DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY STATUORY OR IMPLIED WARRANTIES OF ANY KIND IMPOSED BY THE LAWS OF ANY LEGAL JURISDICTION, TO THE FULLEST EXTENT ALLOWED BY LAW.
"Download Freely" is a trademark of DF. All other trademarks, business or product names, and logos used on the Websites are the property of DF or their respective owners. Use of the DF any trademarks on the Websites without our prior written consent is strictly prohibited.
DF will respond promptly to any claims that a copyright owner's intellectual property rights are being violated via the Websites. If you believe that a work that you own or have rights to has been copied and made accessible on the Websites in violation of your or your client's rights, you may notify us by providing our copyright agent with the following information in writing: (a) an electronic or physical signature of the owner of the copyright or the person with the power of attorney to act for the owner; (b) a description of the copyrighted work in question; (c) the identification of the alleged infringing material and sufficient information to allow DF to locate the material, including all applicable URLs; (d) your name, address, phone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner or law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are an authorized agent or attorney for such owner.
Our agent designated for the receipt of notifications infringement claims pursuant to the Digital Millennium Copyright Act of 1998 is:
Colin Keeley, Copyright Officer
228 Park Ave S., #21492
New York, NY 10003
DF IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES HOWEVER CAUSED. THE ABOVE LIABILIITY LIMITATIONS MAY NOT APPLY TO YOU IF THE LAWS GOVERNING THE AREA IN WHICH YOU USE THE WEBSITE IMPOSE ANY SUCH LIMIATIONS.
The Terms constitute the entire agreement between each User and DF concerning the use of the Websites. The terms supersede any prior terms used on the Websites.
The Terms and the relationship between each User and DF are governed by the laws of the State of New York without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located in New York, New York.
If any provision of these Terms is found invalid by a court of competent jurisdiction, the court shall still give effect to the intentions of the parties as reflected in the provision, and all other provisions of the Terms shall remain in force. Nothing in these Terms creates an agency, partnership, joint venture, employee-employer, franchisor-franchisee, or similar relationship between DF and you.
Copyright © 2011-2012 Download Freely, LLC. All rights, powers and authority to act are reserved under New York law all applicable laws of any other legal jurisdiction worldwide, including U.S. copyright and other laws.
Last Updated: May 10, 2012