Welcome to the DownloadSuperSite.com terms and conditions,
which apply to your use of the DownloadSuperSite.com
Website. By accessing this Website, you agree to be bound by them.
(Last updated: March 15, 2008)
DEFINITIONS
“Conditions” means these terms and conditions: “Personal Information” means any
personal details provided by you via the Website; “User(s)” means (a) user(s) of
the Website either collectively or individually, as the context requires;
“We/us/our” means DownloadSuperSite.com, “Website” means
the website located at http://DownloadSuperSite.com or any subsequent URL which
may replace it; and “You/your” means you as a user of the Website.
1 ACCESS
We will provide you with access to the Website in accordance with these
Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and
agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses,
macro viruses, trojan horses, worms or anything else designed to interfere with,
interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is
defamatory, offensive, or of an obscene or menacing character, or that may cause
annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be
interrupted, damaged, rendered less efficient or such that the effectiveness or
functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the
rights of any person, firm or company (including, but not limited to, rights of
intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against
any Users arising out of that User’s use of the Website, then you will pursue
such right, claim or action independently of and without recourse to us.
2.1.7 the fee assessed by us entitles you to access the location, evaluation,
and or recommendation of software products available from the web site and for
the installation and technical support provided. All software recommendations
refer to software that is available without charge to individuals at large for
specific purposes. The service makes no download speed performance guarantees or
the availability of specific files for download on the peer to peer network.
2.1.8 agree not to upload, transmit, post, email or otherwise make available to
the Site, any content or other material in any format that is false, inaccurate,
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise
objectionable;
2.1.8 agree not to upload, transmit, post, email or otherwise make available to
the Site, any content or other material in any format that infringes any third
party’s intellectual property; and that you will not transmit or access any data
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party and agree to indemnify and hold harmless
DownloadSuperSite.com from their claims if you do.
You are responsible for obtaining and maintaining all computer hardware,
software and communications equipment needed to access the Service. In order to
use the Service, You must obtain access to the Internet and pay any service fees
associated with such access.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us against) all
claims, liability, damages, losses, costs and expenses, including legal fees,
suffered by us and arising out of any breach of the Conditions by you or any
other liabilities arising out of your use of the Website, or the use by any
other person accessing the Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part
of) with or without notice to you and you confirm that we shall not be liable to
you or any third party for any modification to or withdrawal of the Website;
and/or
4.1.2 change these Conditions from time to time, and your continued use of the
Website (or any part of) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to
determine whether the Conditions have been changed. If you do not agree to any
change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavors to maintain the Website. The Website
is subject to change from time to time. You will not be eligible for any
compensation because you cannot use any part of the Website or because of a
failure, suspension or withdrawal of all or part of the Website due to
circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to
other websites or resources. You acknowledge and agree that we are not
responsible for the availability of such external sites or resources, and do not
endorse and are not responsible or liable, directly or indirectly, for the
privacy practices or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation) any advertising,
products or other materials or services on or available from such websites or
resources, nor for any damage, loss or offence caused or alleged to be caused
by, or in connection with, the use of or reliance on any such content, goods or
services available on such external sites or resources.
6 MONITORING
We have the right, but not the obligation, to monitor any activity and content
associated with the Website. We may investigate any reported violation of these
Conditions or complaints and take any action that we deem appropriate (which may
include, but is not limited to, issuing warnings, suspending, terminating or
attaching conditions to your access and/or removing any materials from the
Website).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply with applicable
Canada Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government
authority investigating suspected illegal activities, or upon receipt of a court
order, to provide your Personal Information and/or information concerning your
activities whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details of
your use of the Website in relation to any, or any threatened, Court Proceedings
in connection with your use, or the use of anyone under your control, of the
Website whether in connection with the matters set out in these Conditions or
otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part of the
Website shall remain at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorized by us.
8.2 The Website is Copyright, DownloadSuperSite.com, 2003.
All rights reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to 65 Forest Manor Rd Apt 404;
9.1.2 by email to terms@downloadsupersite.com
9.2 As proof of sending does not guarantee our receipt of your notice, you must
ensure that you have received an acknowledgement from us, which will be sent
within 3 working days of our receipt and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVORS TO VERIFY THE ACCURACY OF ANY
INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR
IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an “as is” and “as available” basis without any
representation or endorsement. Unless specified in separate terms and conditions
related to a particular product or service, we make no warranties of any kind,
whether express or implied, in relation to the Website, or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) including but not limited to, implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility,
security, accuracy, condition or completeness, or any implied warranty arising
from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular
product or service, we make no warranty that the Website or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) will meet your requirements or will be uninterrupted, timely, secure
or error-free, that defects will be corrected, or that the Website or the server
that makes it available or products or services offered on the Website whether
by us or on our behalf (including free software downloads) are free of viruses
or bugs or are fully functional, accurate, or reliable. We will not be
responsible or liable to you for any loss of content or material as a result of
uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit
your rights as a consumer under Canada law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of the Website and any information
provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or
damage connecting to the Website through a third party’s hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent
misrepresentations) or otherwise out of or in connection with the Website or
products or services offered on the Website whether by us or on our behalf
(including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or
not such losses were within the contemplation of either of us at the date on
which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our servants, agents or
employees.
11 REFUNDS
There will be absolutely NO REFUNDS issued for any reason for purchases made
on this site.
12 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
Conditions and shall not effect the validity and enforceability of any of the
remaining provisions of the Conditions.
13 WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding
breach of any provision.
14 SURVIVAL
Each provision of these Conditions shall be construed as separately applying and
surviving even if for any reason one or other of those provisions is held to be
inapplicable or unenforceable in any circumstances.
15 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement
between you and us relating to the subject matter covered and supersede any
previous agreements, arrangements, undertakings or proposals, written or oral,
between you and us in relation to such matters. No oral explanation or oral
information given by either of us shall alter the interpretation of these
Conditions. You confirm that, in agreeing to accept these Conditions, you have
not relied on any representation save insofar as the same has expressly been
made a representation in these Conditions and you agree that you shall have no
remedy in respect of any misrepresentation which has not become a term of these
Conditions save that your agreement contained in this Clause shall not apply in
respect of any fraudulent misrepresentation whether or not such has become a
term of these Conditions.
16 LAW
The Conditions will be exclusively governed by and construed in accordance with
the laws of Canada whose Courts will have exclusive jurisdiction in any dispute,
save that we have the right, at our sole discretion, to commence and pursue
proceedings in alternative jurisdictions.
