Terms of Use
(The legal Jargon)
Welcome to Iwannadownload.com. Ad-Venture
Services ("AVS") operates the Iwannadownload.com (the "Website") to
provide its members with Peer-to-Peer file sharing news and file names
pertaining exclusively to movies, software and games available for download
on the Peer-to-Peer file sharing networks (the "Service"). The terms
and conditions set forth herein (the "Terms of Use") constitute a legally
binding agreement between you regarding the terms on which AVS offers
you access to its Service.
Your Use of the Service and this Web Site
is Governed by These Terms of Use.. By accessing and using this Web
Site, you agree to be bound by each of the Terms of Use and all applicable
laws and regulations governing the Web Site. If you do not agree with
any of the Terms of Use, you are not authorized to access or use this
Web Site for any purpose. These Terms of Use May Change Without Prior
Notice AVS reserves the right to modify these Terms of Use at any time
without giving you prior notice. Your use of the Website following any
such modification constitutes your agreement to follow and be bound
by the Terms of Use as modified. For this reason, we encourage you to
review these Terms of Use whenever you use this Web Site. The last date
these Terms of Use were revised is set forth below. Notices of Restrictions
on Your Use The Service, the Website and all data and information and/or
content that you see, hear or otherwise experience on the Web Site (the
"Content") belongs to AVS, its partners, affiliates, contributors or
third parties and may be protected by Canadian and international copyright,
trademark, intellectual property and other laws, and belong to AVS,
its partners, affiliates, contributors or third parties. Restrictions
on Use You may use the Web Site, the Service and the Content solely
for your personal, non-commercial use. You may print and store selected
portions of the Content, provided that you (1) only use these copies
of the Content for your own personal, non-commercial use; (2) do not
copy or post the Content on any network computer or transmit, distribute,
publish or broadcast the Content in any media, including without limitation,
a Web site; and (3) do not modify or alter the Content in any way, or
delete or change any copyright or trademark notice. No right, title
or interest in any copied or downloaded Content is transferred to you
as a result of any such copying. AVS reserves complete title and full
intellectual property rights in any Content you copy from this Website.
You agree not to alter, modify,
reformat, copy, reproduce, duplicate,
display, distribute, repost, transmit, publish, license, sell, rent, transfer,
or create derivative works from any Content obtained from the Web Site
or the Service, except as expressly permitted by these Terms of Use. Moreover,
you may not use any of the marks appearing throughout this Website without
express written consent from the trademark owner, except as permitted by
applicable law.
Disclaimer of
Warranties
YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE WEBSITE AND THE SERVICE. AVS MAKES NO EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH
RESPECT TO THE WEBSITE OR THE SERVICE. AVS EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE, THE SERVICE,
OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY
INFORMATION). AVS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEBSITE, THE SERVICE OR ANY
INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION).
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE CCURACY, COMPLETENESS
AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE OR
THE SERVICE. AVS DOES NOT WARRANT THAT THE FUNCTIONS ERFORMED BY THE WEBSITE
OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR
THAT DEFECTS IN THE WEB SITE OR THE SERVICE WILL BE CORRECTED. AVS DOES
NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT
PROVIDED BY THE WEBSITE OR THE SERVICE, OR THAT ANY ERRORS IN THE INFORMATION
OR CONTENT WILL BE CORRECTED. THE WEB SITE, THE SERVICE AND THE INFORMATION
OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
a. Specific Disclaimer For Downloading
of Files AVS cannot and does not guarantee or warrant that files names
correlating to movie, software and game files available for downloading
through Peer-to-Peer networks will be free of infection by viruses, worms,
Trojan horses or other code that manifests contaminating or destructive
properties. The entire risk as to the quality and performance of the Website
or the Service, the accuracy of any information or content provided through
the Website or the Service, or quality of any file used in conjunction
with the Web Site or the Service is solely and exclusively with you the
user.
b. Specific Disclaimer for International
Use AVS makes no representation that information content provided on the
Website is applicable or appropriate for use in locations outside of Canada.
Limitation of
Liability
IF YOU ARE DISSATISFIED WITH THE WEB SITE
OR ANY CONTENT ON THE WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE,
BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE
RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL AVS BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE INFORMATION
OR CONTENT PROVIDED THEREIN, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR INFORMATION OR
CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEBSITE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR THE SERVICE, OR (V) ANY
OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICE, EVEN IF AVS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
AVS'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Indemnification
You understand and agree that you are
personally responsible for your behavior on the Website and for your use
of the Content. You agree to indemnify, defend and hold harmless AVS, its
subsidiaries, affiliated companies, joint venturers, business partners,
licensors, employees, agents, and any third-party information providers
to the Service from and against all claims, losses, expenses, damages and
costs (including, but not limited to, direct, incidental, consequential,
exemplary and indirect damages), and reasonable attorneys' fees, resulting
from or arising out of your use of the Website or the Service or your use
of the Content, any violation by you of this Agreement, or any activity
related to your user account (including negligent or wrongful conduct)
by you or any other person accessing the Web Site or Service through your
user account.
Personal Information
and Privacy Policy
AVS may monitor, record, collect and use
for any lawful purpose information generated through your use of the Web
Site or the Service. The collected information is subject to our Privacy
Statement. Your obligations under these Terms of Use are in no way conditioned
on AVS complying with the terms of our Privacy Statement.
User Conduct
You agree not to take any action that
interferes with the proper working of the Website; imposes an unreasonable
or disproportionately large load on the Website's infrastructure; might
compromise the security of the Website; render the Website or the Service
inaccessible to others; or otherwise cause damage to the Website or any
Content contained on the Website. You agree not to add to, subtract from,
or otherwise modify the Content on the Website except as expressly authorized
by AVS in these Terms of Use or by a written agreement between you and
AVS. On some parts of the Website, you can post messages or express your
comments on a given topic, or start a new topic to which others can respond.
You agree not to upload, distribute, post or otherwise publish through
the Website or the Service: (a) any information, data, text, software,
photographs, graphics, messages, or other material ("Material") that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
or rights of privacy or publicity of any party; (b) any libelous, defamatory,
obscene, threatening, advertising, pornographic, abusive, or otherwise
illegal Material; (c) any Material that you do not have the right to transmit
under law or under contractual or fiduciary relationships; (d) 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; or (e) any Material
that harms minors in any way. If you post anything on the Website, you
guarantee to us
that you have the legal right to post
your material and that it will not violate any law or the rights of any
person or entity. By posting Material on the Website, you give AVS the
royalty-free, irrevocable, perpetual, worldwide right to use, assign, sublicense,
distribute, display and create derivative works from this Material, in
any and all media, in any manner, in whole or in part, without any restriction
or responsibilities to you. You also acknowledge and agree that you are
solely responsible for the content of any of your messages. Nevertheless,
we reserve the right to delete, move, or edit messages in our sole discretion.
You agree that any Material that you submit to the Service or the Website
may be edited, removed, modified, published, transmitted, and/or displayed
by AVS, and you waive any and all rights you may have with respect to the
alteration, modification, or removal of your Material. By using the Website,
you understand and agree that AVS is not responsible for the truth, completeness,
objectivity or usefulness of any third-party posting, nor does AVS endorse
any posting. By viewing third-party postings, you assume the risk of believing
or disbelieving any content contained therein. Although AVS has the right
to do so, AVS generally does not, and assumes no obligation or duty to,
screen, monitor, edit or review any third-party postings. AVS generally
has the right to monitor or remove any third-party postings at any time
and without notice pursuant to these Terms of Use, our Privacy Statement
or our agreements with third parties. From time to time, we receive requests
to disclose the identities of users who post messages to the Website. If
AVS discloses the identity of a user pursuant to the Terms of Use or our
Privacy Statement, you understand and agree that we may do so. You also
acknowledge that portions of the Website contain unedited materials, some
of which may be sexually explicit or offensive to you. You access such
materials at your own risk. AVS has no control over and accepts no responsibility
whatsoever for such materials.
Termination
You may terminate your use of the Site
at any time. AVS , in its sole discretion, may terminate your account and
access to the Site or any related services at any time, without prior notice,
including, without limitation, for conduct that AVS believes violates these
Terms or other policies or guidelines promulgated by AVS, or for conduct
that AVS believes is harmful to other users, AVS business or its
affiliates, partners and contributors.
Registration and
Password
You are responsible for maintaining the
confidentiality of your information and password. You shall be responsible
for all uses of your registration, whether or not authorized by you. You
agree to immediately notify the Company of any unauthorized use.
General Provisions
a. Entire Agreement
These Terms of Use constitute the entire
agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with
respect to such subject matter. No waiver by AVS of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default.
b. Correction
of Errors and Inaccuracies
The information in the Website may contain
typographical errors or other errors or inaccuracies and may not be complete
or current. We therefore reserve the right to correct any errors, inaccuracies
or omissions and to change or update information at any time without prior
notice. We do not, however, guarantee that any errors, inaccuracies or
omissions will be corrected.
c. No Endorsements
of Links
Hypertext links to third party Websites
or information do not constitute or imply an endorsement, sponsorship,
or recommendation by AVS of the third party, the third-party Website, or
the information contained therein. You acknowledge and agree that AVS is
not responsible for the availability of any such Website, or the content
on such Web site thereonor the services offered by such Website. Under
no circumstances will AVS be responsible for any loss or damage resulting
from your use of any such Web site or the services offered by such Website
or any content posted on such Web site or transmitted from such Web site.
Any links to other sites are provided for convenience only. You need to
make your own decisions regarding your interactions or communications with
any other Website.
d. Enforcement
You may terminate your use of the Website
at any time. AVS, in its sole discretion, may terminate your account
and access to the Website or any related services at any time, without
prior notice, including, without limitation, for conduct that AVS believes
violates these Terms or other policies or guidelines promulgated by AVS,
or for conduct that AVS believes is harmful to other users, AVS business
or its affiliates, partners and contributors.
e. Severability
If any provision of these Terms of Use
is found to be invalid or unenforceable, that provision will be enforceable
to the maximum extent permissible, and the other provisions of the Terms
of Use will remain in full force and effect.
f. General Contact
Information
If you have any questions about these
Terms of Use, the practices of this Website, or your dealings with this
Website, you may contact us by sending AVS a message thorough its Website
contact form.
|
