These PopularDownloads.com Terms of Use (the "Terms of Use") are a legal agreement between you, the "user," and PopularDownloads.com ("PopularDownloads"). Use of the PopularDownloads features and services, as described herein, requires that you agree to these Terms of Use. By using the PopularDownloads website or services, and/or by downloading content from PopularDownloads.com (collectively, the "PopularDownloads Services") you do hereby agree to be legally bound by these Terms of Use.
PopularDownloads may, at its discretion, add, delete, or modify these Terms of Use without notice and it is the responsibility of the user to check these Terms of Use before using new products or services or downloading new content.
If you do not wish to be bound by these Terms of Use you may elect to navigate off the PopularDownloads.com website prior to using or downloading PopularDownloads Services.
INSTALLATION OF CONTENT/APPLICATIONS
PopularDownloads.com is a website that provides users with high quality content and applications including, but not limited to screensavers, wallpapers, digital artwork, electronic greeting cards, games, themes, clipart, cursors, icons, audio & video software, widgets, music, and various utility programs. The PopularDownloads Installer is used to download some of the content/applications offered through PopularDownloads.com. The Installer contains the content/application chosen by the user. The content/applications can be easily uninstalled by going to �Control Panel� and using the �Add/Remove� feature.
PERSONAL INFORMATION
Certain offers, products or services of PopularDownloads may require the user to submit personal information before gaining access to content or other products or services. Certain other products or features may require user information in order to be functional. By providing any such information to PopularDownloads and by continuing to use such PopularDownloads Services, you agree to accept all uses of personal information as outlined herein.
You hereby authorize PopularDownloads to collect, store and use any and all personal information described by the preceding paragraph in order to more effectively display promotional material, information and advertising. Without limiting the foregoing, you additionally authorize PopularDownloads to collect, store and use personal information in accordance with terms of the PopularDownloads.com Privacy Policy, available here.
In addition, you may choose to share personal information with third parties that link or advertise at or through PopularDownloads.com. YOU ACKNOWLEDGE AND AGREE THAT POPULARDOWNLOADS SHALL NOT, IN ANY WAY, BE LIABLE OR RESPONSIBLE FOR THE USE OF PERSONAL INFORMATION SHARED BY YOU WITH ANY SUCH THIRD PARTY.
PRIVACY
You acknowledge and agree that you have reviewed, understand, and agree to be bound by all of the terms and provisions of the PopularDownloads.com Privacy Policy. Your use of the PopularDownloads Services is expressly conditioned upon such acknowledgment and agreement. To view the PopularDownloads Privacy Policy click here.
INTELLECTUAL PROPERTY
You acknowledge that PopularDownloads and/or third party affiliates own all rights, title and interest in all materials provided through the PopularDownloads Services and to all software portions thereof including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any portion of the PopularDownloads Services or the Installer.
All of the materials provided through the PopularDownloads Services are protected by the copyright laws of the U.S. and other countries. You are only allowed to use these materials as indicated on the PopularDownloads.com website; other uses are prohibited by copyright laws. You agree to not remove, obscure, or alter PopularDownloads' or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the PopularDownloads Services.
All of the materials provided through the PopularDownloads Services may be viewed only in conjunction with the PopularDownloads Services. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format, electronic or otherwise.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE USE OF THE POPULARDOWNLOADS SERVICES IS ENTIRELY AT YOUR OWN RISK. THE POPULARDOWNLOADS SERVICES, INCLUDING THE INSTALLER AND THE POPULARDOWNLOADS.COM WEBSITE, ARE PROVIDED FREE OF CHARGE, ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALSO, TO THE FULLEST EXTENT PERMITTED BY LAW, POPULARDOWNLOADS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE POPULARDOWNLOADS SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, POPULARDOWNLOADS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON POPULARDOWNLOADS.COM OR THROUGH ANY LINKS PROVIDED BY THE POPULARDOWNLOADS SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE POPULARDOWNLOADS SERVICES OR THROUGH ANY LINKS PROVIDED VIA THE POPULARDOWNLOADS SERVICES. NEITHER POPULARDOWNLOADS NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE POPULARDOWNLOADS.COM WEBSITE OR THE POPULARDOWNLOADS SERVICES.
POPULARDOWNLOADS MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE POPULARDOWNLOADS SERVICES.
PopularDownloads and other providers of licensed content make no guarantee of the accuracy, correctness, or completeness of any information provided through the PopularDownloads Services, including any provided on the PopularDownloads.com website, and are not responsible for:
Any errors or omissions arising from the use of such information;
Any failures, delays, or interruptions in the delivery of any content or services contained within PopularDownloads.com; or
Losses or damages arising from the use of the content or services provided by PopularDownloads.com.
PopularDownloads is not responsible for the delivery of any goods or services sold or advertised through PopularDownloads' sponsors, advertisers, link partners, or affiliate program pages.
PopularDownloads is not responsible for any content displayed on websites operated by PopularDownloads' sponsors, advertisers, link partners, or affiliate program pages.
LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT POPULARDOWNLOADS AND THE PROVIDERS OF LICENSED CONTENT ASSOCIATED WITH POPULARDOWNLOADS ARE NOT LIABLE FOR YOUR CONDUCT IN ASSOCIATION WITH POPULARDOWNLOADS OR THE POPULARDOWNLOADS SERVICES.
UNDER NO CIRCUMSTANCES SHALL POPULARDOWNLOADS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, POPULARDOWNLOADS OR THE POPULARDOWNLOADS SERVICES, INCLUDING THE INSTALLER AND THE POPULARDOWNLOADS.COM WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF POPULARDOWNLOADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, OR RELIANCE ON, THE POPULARDOWNLOADS SERVICES, FROM INABILITY TO USE THE POPULARDOWNLOADS SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF POPULARDOWNLOADS.COM OR THE POPULARDOWNLOADS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON POPULARDOWNLOADS.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON POPULARDOWNLOADS.COM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON POPULARDOWNLOADS.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON POPULARDOWNLOADS.COM. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE POPULARDOWNLOADS SERVICES OR ANY OTHER PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE POPULARDOWNLOADS SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNITY AND RELEASE
You agree to indemnify PopularDownloads, its parent company, affiliates, directors, officers, employees, and any providers of licensed content against any and all claims and expenses, including attorneys' fees, arising from your use of the PopularDownloads Services. This includes, without limitation, your responsibility for any and all liability arising from the violation or infringement of proprietary rights, copyrights, trademarks, or service-marks.
By using the PopularDownloads Services you hereby agree to release PopularDownloads and its parent company, affiliates, directors, officers, employees, and any providers of licensed content from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or the PopularDownloads Services. You hereby agree to waive all laws that may limit the efficacy of such releases.
CHOICE OF LAW
These Terms of Use shall be constructed and controlled by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the State of New York. You agree to personal jurisdiction by the state and federal courts of the State of New York.
MERGER CLAUSE
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between you and PopularDownloads representatives with respect to the subject matter hereof.
ENFORCEABILITY
If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
WAIVER
Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by PopularDownloads.
QUESTIONS OR COMMENTS
All questions concerning these Terms of Use shall be directed to PopularDownloads at the address below. Additionally, if you have comments about PopularDownloads.com or other PopularDownloads Services, or if you have ideas on how to improve them, please contact Customer Support at customerservice [at] populardownloads dotcom.
