Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the theotherdownloadsite.com web
site located at www.theotherdownloadsite.com, and all associated sites linked to www.theotherdownloadsite.com
by theotherdownloadsite.com, its subsidiaries and affiliates, including theotherdownloadsite.com sites around the
world (collectively, the “Site”). The Site is the property of theotherdownloadsite.com Inc.
(“theotherdownloadsite.com”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE;
IF YOU DO NOT AGREE, DO NOT USE THE SITE.
theotherdownloadsite.com reserves the right, at its sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time. It is your responsibility to
check these Terms of Use periodically for changes. Your continued use of the
Site following the posting of changes will mean that you accept and agree to the
changes. As long as you comply with these Terms of Use, theotherdownloadsite.com grants you a
personal, non-exclusive, non-transferable, limited privilege to enter and use
the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively, “Content”),
including but not limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement of such Content, contained on the
Site is owned, controlled or licensed by or to theotherdownloadsite.com, and is protected by trade
dress, copyright, patent and trademark laws, and various other intellectual
property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no
Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way (including
“mirroring”) to any other computer, server, Web site or other medium for
publication or distribution or for any commercial enterprise, without theotherdownloadsite.com’s
express prior written consent.
You may use information on theotherdownloadsite.com products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available by
theotherdownloadsite.com for downloading from the Site, provided that you (1) not remove any
proprietary notice language in all copies of such documents, (2) use such
information only for your personal, non-commercial informational purpose and do
not copy or post such information on any networked computer or broadcast it in
any media, (3) make no modifications to any such information, and (4) not make
any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Site or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or attempt to
obtain any materials, documents or information through any means not purposely
made available through the Site. theotherdownloadsite.com reserves the right to bar any such
activity.
You may not attempt to gain unauthorized access to any portion or feature of the
Site, or any other systems or networks connected to the Site or to any theotherdownloadsite.com
server, or to any of the services offered on or through the Site, by hacking,
password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication measures on the
Site or any network connected to the Site. You may not reverse look-up, trace or
seek to trace any information on any other user of or visitor to the Site, or
any other customer of theotherdownloadsite.com, including any theotherdownloadsite.com account not owned by you, to
its source, or exploit the Site or any service or information made available or
offered by or through the Site, in any way where the purpose is to reveal any
information, including but not limited to personal identification or
information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or theotherdownloadsite.com’s
systems or networks, or any systems or networks connected to the Site or to
theotherdownloadsite.com.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction being conducted
on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal you send to theotherdownloadsite.com on or
through the Site or any service offered on or through the Site. You may not
pretend that you are, or that you represent, someone else, or impersonate any
other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of theotherdownloadsite.com or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and
to specific portions or features of the Site, including contests, promotions or
other similar features, all of which terms are made a part of these Terms of Use
by this reference. You agree to abide by such other terms and conditions,
including where applicable representing that you are of sufficient legal age to
use or participate in such service or feature. If there is a conflict between
these Terms of Use and the terms posted for or applicable to a specific portion
of the Site or for any service offered on or through the Site, the latter terms
shall control with respect to your use of that portion of the Site or the
specific service.
theotherdownloadsite.com’s obligations, if any, with regard to its products and services are
governed solely by the agreements pursuant to which they are provided, and
nothing on this Site should be construed to alter such agreements.
theotherdownloadsite.com may make changes to any products or services offered on the Site, or to
the applicable prices for any such products or services, at any time, without
notice. The materials on the Site with respect to products and services may be
out of date, and theotherdownloadsite.com makes no commitment to update the materials on the Site
with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to
open an account (including setting up an theotherdownloadsite.com ID and password). You are
entirely responsible for maintaining the confidentiality of your account
information, including your password, and for any and all activity that occurs
under your account. You agree to notify theotherdownloadsite.com immediately of any unauthorized
use of your account or password, or any other breach of security. However, you
may be held liable for losses incurred by theotherdownloadsite.com or any other user of or visitor
to the Site due to someone else using your theotherdownloadsite.com ID, password or account.
You may not use anyone else’s theotherdownloadsite.com ID, password or account at any time without
the express permission and consent of the holder of that theotherdownloadsite.com ID, password or
account. theotherdownloadsite.com cannot and will not be liable for any loss or damage arising from
your failure to comply with these obligations.
Privacy
theotherdownloadsite.com’s Privacy Policy applies to use of this Site, and its terms are made a
part of these Terms of Use by this reference. To view theotherdownloadsite.com’s Privacy Policy,
click here. Additionally, by using the Site, you acknowledge and agree that
Internet transmissions are never completely private or secure. You understand
that any message or information you send to the Site may be read or intercepted
by others, even if there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
Links to Other Sites and to the theotherdownloadsite.com Site
This Site may contain links to other independent third-party Web sites (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under theotherdownloadsite.com’s control, and theotherdownloadsite.com is not
responsible for and does not endorse the content of such Linked Sites, including
any information or materials contained on such Linked Sites. You will need to
make your own independent judgment regarding your interaction with these Linked
Sites.
Disclaimers
theotherdownloadsite.com DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE
SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED,
OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS
CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION
PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. theotherdownloadsite.com CANNOT ENSURE
THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES
OR CONTAMINATION OR DESTRUCTIVE FEATURES. theotherdownloadsite.com DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. theotherdownloadsite.com DISCLAIMS ANY AND
ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN
CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY theotherdownloadsite.com SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST theotherdownloadsite.com FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT
IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A
PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction of or unauthorized access to, alteration of, or use, whether for
breach of contract, tort, negligence or any other cause of action.
theotherdownloadsite.com reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to the Site,
or any portion of the Site, for any reason; (2) to modify or change the Site, or
any portion of the Site, and any applicable policies or terms; and (3) to
interrupt the operation of the Site, or any portion of the Site, as necessary to
perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will theotherdownloadsite.com be liable to you for any
indirect, consequential, exemplary, incidental or punitive damages, including
lost profits, even if theotherdownloadsite.com has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, theotherdownloadsite.com is found
to be liable to you for any damage or loss which arises out of or is in any way
connected with your use of the Site or any Content, theotherdownloadsite.com’s liability shall in
no event exceed the greater of (1) the total of any subscription or similar fees
with respect to any service or feature of or on the Site paid in the six months
prior to the date of the initial claim made against theotherdownloadsite.com (but not including the
purchase price for any theotherdownloadsite.com hardware or software products or any theotherdownloadsite.comCare or
similar support program), or (2) US$100.00. Some jurisdictions do not allow
limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold theotherdownloadsite.com, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, subsidiaries and
affiliates, harmless from any demands, loss, liability, claims or expenses
(including attorneys’ fees), made against theotherdownloadsite.com by any third party due to or
arising out of or in connection with your use of the Site.
Violation of These Terms of Use
theotherdownloadsite.com may disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Site, or to identify,
contact or bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) theotherdownloadsite.com’s rights or
property, or the rights or property of visitors to or users of the Site,
including theotherdownloadsite.com’s customers. theotherdownloadsite.com reserves the right at all times to disclose
any information that theotherdownloadsite.com deems necessary to comply with any applicable law,
regulation, legal process or governmental request. theotherdownloadsite.com also may disclose your
information when theotherdownloadsite.com determines that applicable law requires or permits such
disclosure, including exchanging information with other companies and
organizations for fraud protection purposes.
You acknowledge and agree that theotherdownloadsite.com may preserve any transmittal or
communication by you with theotherdownloadsite.com through the Site or any service offered on or
through the Site, and may also disclose such data if required to do so by law or
theotherdownloadsite.com determines that such preservation or disclosure is reasonably necessary to
(1) comply with legal process, (2) enforce these Terms of Use, (3) respond to
claims that any such data violates the rights of others, or (4) protect the
rights, property or personal safety of theotherdownloadsite.com, its employees, users of or
visitors to the Site, and the public.
You agree that theotherdownloadsite.com may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the Site if
we determine that you have violated these Terms of Use or other agreements or
guidelines which may be associated with your use of the Site. You also agree
that any violation by you of these Terms of Use will constitute an unlawful and
unfair business practice, and will cause irreparable harm to theotherdownloadsite.com, for which
monetary damages would be inadequate, and you consent to theotherdownloadsite.com obtaining any
injunctive or equitable relief that theotherdownloadsite.com deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies theotherdownloadsite.com may
have at law or in equity.
You agree that theotherdownloadsite.com may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not limited
to) (1) requests by law enforcement or other government agencies, (2) a request
by you (self-initiated account deletions), (3) discontinuance or material
modification of the Site or any service offered on or through the Site, or (4)
unexpected technical issues or problems.
If theotherdownloadsite.com does take any legal action against you as a result of your violation of
these Terms of Use, theotherdownloadsite.com will be entitled to recover from you, and you agree to
pay, all reasonable attorneys’ fees and costs of such action, in addition to any
other relief granted to theotherdownloadsite.com. You agree that theotherdownloadsite.com will not be liable to you or
to any third party for termination of your access to the Site as a result of any
violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of the United States and by
the laws of the State of California without regard to its conflicts of laws
provisions. You agree to the personal jurisdiction by and venue in the state and
federal courts in Santa Clara County, California, and waive any objection to
such jurisdiction or venue. Any claim under these Terms of Use must be brought
within one (1) year after the cause of action arises, or such claim or cause of
action is barred. No recovery may be sought or received for damages other than
out-of-pocket expenses, except that the prevailing party will be entitled to
costs and attorneys’ fees. In the event of any controversy or dispute between
theotherdownloadsite.com and you arising out of or in connection with your use of the Site, the
parties shall attempt, promptly and in good faith, to resolve any such dispute.
If we are unable to resolve any such dispute within a reasonable time (not to
exceed thirty (30) days), then either party may submit such controversy or
dispute to mediation. If the dispute cannot be resolved through mediation, then
the parties shall be free to pursue any right or remedy available to them under
applicable law.
Void Where Prohibited
theotherdownloadsite.com sites may be administered and operated
from various locations outside the United States. Although the Site is
accessible worldwide, not all features, products or services discussed,
referenced, provided or offered through or on the Site are available to all
persons or in all geographic locations, or appropriate or available for use
outside the United States. theotherdownloadsite.com reserves the right to limit, in its sole
discretion, the provision and quantity of any feature, product or service to any
person or geographic area. Any offer for any feature, product or service made on
the Site is void where prohibited. If you choose to access the Site from outside
the United States, you do so on your own initiative and you are solely
responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of
such Content, or any product or service offered on the Site, in violation of any
applicable laws or regulations, including without limitation United States
export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary and replaced with
a valid provision that best embodies the intent of these Terms of Use, so that
these Terms of Use shall remain in full force and effect. These Terms of Use
constitute the entire agreement between you and theotherdownloadsite.com with regard to your use of
the Site, and any and all other written or oral agreements or understandings
previously existing between you and theotherdownloadsite.com with respect to such use are hereby
superseded and cancelled. theotherdownloadsite.com will not accept any counter-offers to these
Terms of Use, and all such offers are hereby categorically rejected. theotherdownloadsite.com’s
failure to insist on or enforce strict performance of these Terms of Use shall
not be construed as a waiver by theotherdownloadsite.com of any provision or any right it has to
enforce these Terms of Use, nor shall any course of conduct between theotherdownloadsite.com and
you or any other party be deemed to modify any provision of these Terms of Use.
These Terms of Use shall not be interpreted or construed to confer any rights or
remedies on any third parties.
theotherdownloadsite.com provides access to theotherdownloadsite.com international data and, therefore, may contain
references or cross references to theotherdownloadsite.com products, programs and services that are
not announced in your country. Such reference does not imply that theotherdownloadsite.com in your
country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential.
theotherdownloadsite.com shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2010 theotherdownloadsite.com Inc. All rights reserved.
theotherdownloadsite.com
Updated by The theotherdownloadsite.com Legal Team on 1/16/2010