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Terms of Service

Welcome to DownloadSoftware.com.

Please review these Terms carefully before using our Services. By using any of our Services, you accept these Terms.

 1.    Changes

We may changes these Terms on occasion and we encourage you to review these Terms periodically. The most current version of these Terms is accessible on this page. If you use our Services after changes have been made, you accept these Terms.

 2.    Privacy Policy and Additional Terms

Our Privacy Policy describes how we treat any data that you provide or that we may collect about you through our Services. In compliance with the Privacy Policy you consent to our use of data.

Additional terms may apply to the Services you use on the Site. We will provide these terms for you or make them available on the Site; any additional terms are incorporated by reference in these Terms. If any conflicts arise between these Terms and any additional terms that may apply, the additional terms will preside.

Any promotions, contest or sweepstakes involving our Services may also have additional rules and eligibility requirements (e.g. age, geographic area) and you are responsible for complying with these rules and requirements.

3.    Registration and Access Control

You are responsible for maintaining the confidentiality of your user names and passwords, and any activities, charges and/or damages incurred in your account are your responsibility. If you have reason to believe that someone has access to your account without your permission, contact us immediately. DownloadSoftware.com is not responsible for any loss or damage resulting from failure to notify us of unauthorized use of your account.

If we request registration information from you, you must provide us with accurate and complete information and must update the information if and when it changes. You may not access any age-restricted Services if you do not meet the age requirement

 4.    Intellectual Property and License Agreement

Intellectual property and other laws protect the content, information, data, designs, code, and materials associated with the Site (“Content”). You must comply with all applicable laws and copyright, trademark and/or other legal notices or restrictions.

In compliance with these Terms, you may access and use our Services only for personal and non-commercial use. We reserve all other rights to the Services and Content. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not resell the Services or transfer or sublicense this limited right to use the Services.

  a.    Viral Distribution

We may express authorization to redistribute certain Content for personal, non-commercial use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it, however, we may revoke this authorization at any time. Methods of redistribution may include email, blogs, embedded players, or by producing Mash-Ups. If you redistribute Content, you must have the ability to edit or delete such publicly posted Content and do so promptly upon our request.

b.    Commercial License

Our written permission is required for commercial use of the Content or the Services. If you wish to license Content from our Services, please contact us.

5.    Legal Complaints

Download Software, LLC respects and complies with intellectual property rights. If you believe that Content on the Site infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints.

6.    User Submissions

Some of our Services may allow submission or transmission of audio, text or other materials (“User Submissions”) to or through the Site. When you provide User Submissions, you grant DownloadSoftware.com, its parent, subsidiaries, affiliates and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, archive, display, sublicense, publish, reproduce, perform, make available, broadcast, transmit, translate, sell and create derivative works of User Submissions as well as your name, likeness, voice and other identifying information as part of a User Submission in any form, media, software or technology of any kind now known or developed in the future, including, without limitation, for developing, marketing and manufacturing products. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning the Submission after providing it to us, subject to any rights granted in the Terms and any access granted to others. If you delete a User Submission from the Site, our general license to that User Submission will end after a reasonable time required for deletion to take full effect. In such cases, your User Submission may still exist in our backup files, which are not publicly available. If your User Submission is shared with third parties, those third parties may also have retained copies of your User Submissions. Additionally, if we made use of your User Submission prior to deletion, we will continue to retain the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after deletion of the User Submission. Terminating your account on the Site will not automatically delete your User Submissions.

We may refuse or remove your User Submission without notice to you. However, we do not maintain any obligation to monitor User Submissions, and you agree that neither DownloadSoftware.com nor our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as stated in our Privacy Policy, we do not guarantee User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you wish to be protected from others.

You represent and warrant that you have all rights necessary to grant the above license to DownloadSoftware.com and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

 7.    Third-Party Content

We will occasionally provide third party content or link to third party websites on the Site. DownloadSoftware.com does not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.

It is strongly suggested that you have anti-virus software installed and updated on your machine. DownloadSoftware.com is a resource for software and does not test downloadable files.

 8.    Fee-Based Services

If you accept fee-based products or features on the Site, you agree to the terms and conditions governing all such purchases, including all requirements to pay applicable fees and charges. You will be notified by us of any changes to fees and charges.

We may offer trial subscriptions to paid services at special discounted prices or for free. Unless otherwise stated, trial subscriptions and any other subscription services provided will be automatically renewed at the current subscription rate if the trial or subscription period expires without cancellation. To avoid further charges, cancel any subscriptions at least 10 days prior to the renewal date.

Unless otherwise stated, all fees and charges are non-refundable, including any charges and fees for unused portions of cancelled subscriptions. We do not provide a price protection policy or refunds in the event of a price drop or promotional offering.

 9.     Acceptable Use

The Services have been designed to present Content in a unique appearance and format. Unless we grant permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Site for any reason, in our sole discretion, and you must be able to edit or delete links that you create promptly upon our request.

Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:

  • Threaten, stalk, abuse, defame or harass other persons or engage in illegal activities;
  • Link to the Site from a site or transmit materials that are inappropriate, vulgar, profane, false, offensive, defamatory, disparaging, illegal, obscene, sexually explicit, racist, racial hatred, promotion of violence, terrorism, or that we deem in our sole discretion to be otherwise objectionable;
  • Frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that may falsely suggest a relationship between Download Software, LLC and any third party, or potentially deprive us of revenue (including, without limitation, revenue from branding, advertising or promotional activities);
  • Violate any person or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
  • Transmit files containing viruses, adware, spyware, or other harmful code;
  • Advertise or promote goods or services without our permission, including, without limitation, by sending spam;
  • Interfere with other persons using the Site or otherwise disrupt the Services;
  • Transmit, collect, or access personally identifiable information about other users without the consent of those users and DownloadSoftware.com;
  • Engage in unauthorized spidering, “scraping” or harvesting of Content, contact or other personal information, or use any other unauthorized means to attain and compile information;
  • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
  • Defeat any access controls, access any portion of the Site that you are not authorized to access, link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account to access credentials.

 10.  Site Access; Account Deletion

We may take any of the following actions, in our sole discretion, at any time and for any reason without giving prior notice:

  • Restrict or terminate your access to the Site;
  • Change or discontinue the Services;
  • Deactivate your account and delete all related information and files in your account(s);
  • Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas or other lawful requests, or if we believe doing so would protect your safety or that of other persons, or protect the security of the Services, or as otherwise described in the Privacy Policy.

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if these Terms are violated.

If you do not agree to these Terms, you should discontinue use of the Site and Services immediately. If you choose to delete your account, please use contact instructions posted on the Site. Any User Submissions made while using the Site will continue to be governed by Section 6 of these Terms.

Sections 6 and 11-15 of these Terms will survive any termination of your access to the Site, whether we terminate your access or you voluntarily discontinue use.

 11.  Indemnification

You will defend, indemnify, and hold harmless Download Software, LLC, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “Download Software Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation, use of your account, authorized by you or not, and claims arising from User Submissions). Download Software, LLC retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 11 without Download Software, LLC’s prior written approval.

 12. Disclaimers and Limitation of Liability

THE DOWNLOAD SOFTWARE PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SITES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE DOWNLOAD SOFTWARE PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

THE DOWNLOAD SOFTWARE PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE DOWNLOAD SOFTWARE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE DOWNLOAD SOFTWARE PARTIES’ LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO DOWNLOAD SOFTWARE IN THE THREE MONTHS PRECEEDING THE CLAIM.

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE CONTENT, SITE OR SERVICES, IT IS YOUR SOLE AND EXCLUSIVE RIGHT TO DISCONTINUE ACCESSING AND USING THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT IF ANY DAMAGES ARE INCURRED BY YOU THAT ARISE OUT OF THE DOWNLOAD SOFTWARE PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PRODUCT, PROPERTY, PROGRAM, OR OTHER CONTENT OWNED OR CONTROLLED BY THE DOWNLOAD SOFTWARE PARTIES, INCLUDING WITHOUT LIMITATION, THE SITE AND SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 13. Governing Law, Venue and Jurisdiction

These Terms and any and all claims arising from or related to your use of the Site will be governed by and construed in accordance with the laws of the State of Florida, except any conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

 14. Arbitration

We may elect to resolve any controversy or claim arising from or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless Download Software, LLC establishes a different location, arbitration hearings will be held in Broward County, Florida. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

 15. Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon being posted to DownloadSoftware.com or by deliver to your email. You may update your email address by visiting the Site and editing your account. If you do not provide accurate information we are not responsible for notification failure. Our failure to enforce or exercise any right or provision of these Terms will not constitute a waiver of such right or provision. These Terms, including any and all additional terms, conditions and policies on the Services and Site, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of these Terms will continue to be valid and enforceable.