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TERMS OF SERVICE & PRIVACY
PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS CAREFULLY, AS THEY FORM THE AGREEMENT BETWEEN US. IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SERVICE AND SHOULD NOT
PROCEED TO REGISTER. BY USING THESE SERVICES YOU ARE AGREEING TO BE BOUND BY
THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE TO DATE.
WinRarFreeDownload.com and its suppliers own all intellectual property
in the Software. WinRarFreeDownload.com permits you to Use the Software only in
accordance with the terms of this Agreement.
| 1. |
Services. The fee assessed by
WinRarFreeDownload.com entitles You to access the
location, evaluation, and or recommendation of software products and for
the installation and technical support provided by
WinRarFreeDownload.com . You are responsible for
obtaining and maintaining all computer hardware, software, firewall
configurations and communications equipment needed to access the Service.
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| 2. |
Right to Use. Subject to your compliance with the
terms of this agreement (this "Agreement"), including the restrictions in
Section 3, WinRarFreeDownload.com grants to you the non-exclusive
right to Use the Software for the purposes described in the Documentation
as follows. |
| 2.1 |
General Use. You may install and Use a copy of the
Software on your compatible Computer. The Software may not be shared,
installed or used concurrently on different computers. |
| 2.2 |
Backup Copy. You may make one backup copy of the
Software, provided your backup copy is not installed or used on any
Computer. You may not transfer the rights to a backup copy unless you
transfer all rights in the Software as provided under Section 4. |
| 2.3 |
No modifications. You will not undertake, cause,
permit or authorize the modification, creation of derivative works,
translation, reverse engineering, decompiling, disassembling or hacking of
the WinRarFreeDownload.com Software or any part thereof except to the
extent permitted by law. |
| 2.4 |
Notices. You shall not copy the Software except as
set forth in this Section 2. Any copy of the Software that you make must
contain the same copyright and other proprietary notices that appear on or
in the Software. |
| 2.5 |
Transfer. You may not rent, lease, sublicense, assign
or transfer your rights in the Software, or authorize all or any portion
of the Software to be copied onto another user's Computer except as may be
expressly permitted herein. You may, however, transfer all your rights to
Use the Software to another person or legal entity provided that: (a) you
also transfer (i) this Agreement, and (ii) the Software and all other
software or hardware bundled or pre-installed with the Software, including
all copies, Updates and prior versions, to such person or entity, (b) you
retain no copies, including backups and copies stored on a Computer, and
(c) the receiving party accepts the terms and conditions of this Agreement
and any other terms and conditions upon which you legally purchased the
non-exclusive right to use the Software. |
| 3. |
Third Party Website Access. The Software may allow
you to access third party websites ("Third Party Sites"). Your access to
and use of any Third Party Sites, including any goods, services or
information made available from such sites, is governed by the terms and
conditions found at each Third Party Site, if any. Third Party Sites are
not owned or operated by WinRarFreeDownload.com . YOUR USE OF THIRD PARTY
SITES IS AT YOUR OWN RISK. WinRarFreeDownload.com MAKES NO WARRANTIES,
CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED,
WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER
MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY
QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH
RESPECT TO THE THIRD PARTY SITES. |
| 4. |
Intellectual Property Ownership, Copyright
Protection. The Software and any authorized copies that you make
are the intellectual property of and are owned by WinRarFreeDownload.com
and its suppliers. The structure, organization and code of the Software
are the valuable trade secrets and confidential information of
WinRarFreeDownload.com and its suppliers. The Software is protected by
law, including without limitation the copyright laws of
WinRarFreeDownload.com and other countries, and by international treaty
provisions. Except as expressly stated herein, this Agreement does not
grant you any intellectual property rights in the Software and all rights
not expressly granted are reserved by WinRarFreeDownload.com and its
suppliers. |
| 5. |
Support |
| 5.1 |
You can contact our technical support team by email. Under no
circumstances will WinRarFreeDownload.com have any
obligation to provide you with hard-copy documentation, updates, modified
versions, upgrades, enhancements, modifications, or phone support. |
| 5.2 |
In our member area, you will find clear online forms where you can
submit your questions, FAQ pages that answer all common issues, and, if
you do not find your answers there, our support team will make any effort
to solve your problem. |
| 6. |
Refund policy. |
| 6.1 |
Since the product we are offering is non-tangible irrevocable goods,
we do not issue refunds once the order is completed and the services are
delivered. As a customer you are responsible for understanding this upon
purchasing our services. |
| 6.2 |
We realize that exceptional circumstances can take place and thus, we
will consider refunds (7 day money back guarantee) for the following
reason: Non-delivery of the product: Should we fail to
deliver the services via website or email within expected timeframes (24
hours). |
| 7. |
Privacy. |
| 7.1 |
When you access our website, our computer system sends one or more
cookies to your computer. You can however reset your browser to refuse all
cookies. Furthermore, when you access our website, our servers
automatically record information that your browser sent whenever you visit
a website. Personal information is information about an identifiable
individual. This includes information about your product and service
subscriptions and usage. We collect information during the application
process, when communicating or transacting business with you, and when
providing you with service. We also collect information about you from
third parties that have the right to disclose such information to
us. |
| 7.2 |
To prevent unauthorized access, maintain data accuracy, and ensure the
correct use of information, we have put in place appropriate physical,
electronic, and managerial procedures to safeguard and secure the
information we collect online. You can access all your personally
identifiable information that we collect online and maintain by emailing
our technical support center (found in the Technical Support Area of the
site). We use this procedure to better safeguard your information. You can
correct factual errors in your personally identifiable information by
sending us a request that credibly shows error. |
| 7.3 |
WinRarFreeDownload.com shares Personal Information
with third parties for the purpose of offering you products or services
which may be of interest to you. We however require that these parties
agree to use such information in compliance with this policy and the
applicable laws. If you don't want your information shared with our
business partners, click here
to "opt out." We will immediately remove your personal information from
our database. |
| 8. |
Our site provides links to external web sites.
WinRarFreeDownload.com does not monitor or control the
content of such web sites or whether such web sites collect or process
your personal data. When you click on one of those links, you leave our
site and enter one that we do not control and for which we cannot be
responsible. WinRarFreeDownload.com assumes no liability
whatsoever for any kind of material available at such sites and recommends
that you review their separate privacy policies. |
| 9. |
Modification WinRarFreeDownload.com
reserves the right to change these terms and conditions from time to time
at its sole discretion, without prior notice, by posting such revised
terms and conditions on the Site. It is Your obligation to routinely
review these terms and conditions and Your continued use of the Site
following any such change (whether or not You have reviewed such change)
constitutes Your binding acceptance to follow and be bound by the terms
and conditions as changed. |
| 10. |
NO WARRANTY. The Software is being delivered to you
"AS IS" and WinRarFreeDownload.com makes no warranty as to its use or
performance. WinRarFreeDownload.com provides no warranties or remedies for
the Software. WinRarFreeDownload.com AND ITS SUPPLIERS DO NOT AND CANNOT
WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT
TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW
APPLICABLE TO YOU IN YOUR JURISDICTION, WinRarFreeDownload.com AND ITS
SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS
(EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR
OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY,
OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 10 and
Section 11 shall survive the termination of this Agreement, howsoever
caused, but this shall not imply or create any continued right to Use the
Software after termination of this Agreement. |
| 11. |
LIMITATION OF LIABILITY. IN NO EVENT WILL
WinRarFreeDownload.com OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES,
CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL
DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN
WinRarFreeDownload.com REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD
PARTY. THE FOREGOING LIMITATIONS. WinRarFreeDownload.com ¡¯S AGGREGATE
LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS
AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
Nothing contained in this Agreement limits WinRarFreeDownload.com ¡¯s
liability to you in the event of death or personal injury resulting from
WinRarFreeDownload.com ¡¯s negligence or for the tort of deceit (fraud).
WinRarFreeDownload.com is acting on behalf of its suppliers for the
purpose of disclaiming, excluding and/or limiting obligations, warranties
and liability as provided in this Agreement, but in no other respects and
for no other purpose. |
| 12. |
Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND
HOLD WinRarFreeDownload.com AND ITS AFFILIATES HARMLESS FROM AND AGAINST
ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS¡¯ FEES
INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A)
VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR
REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY
RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE
WinRarFreeDownload.com SOFTWARE, OR (D) COMMUNICATION SPREAD BY MEANS OF
THE WinRarFreeDownload.com SOFTWARE. |
| 13. |
Termination. You agree that
WinRarFreeDownload.com , in its sole discretion, may
terminate this Agreement, your ID, password, account (or any part thereof)
or use of the Service for any reason, including, without limitation, if
WinRarFreeDownload.com believes that you have violated or
acted inconsistently with the Agreement.
WinRarFreeDownload.com may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access to
the Service under any provision of this Agreement may be effected without
prior notice, and acknowledge and agree that
WinRarFreeDownload.com may immediately deactivate or
delete your account and/or bar any further access to the Service.
Termination shall not relieve you of any obligations to pay accrued
charges. |
| 14. |
Consequences of Termination. Upon termination of this
Agreement and the Additional Terms: (a) all rights to use the
WinRarFreeDownload.com Software and the WinRarFreeDownload.com Services
shall immediately terminate; (b) you will immediately cease any and all
use of the WinRarFreeDownload.com Software and WinRarFreeDownload.com
Services; and (c) you will immediately remove the WinRarFreeDownload.com
Software from all hard drives, networks and other storage media and
destroy all copies of the WinRarFreeDownload.com Software in your
possession or under your control. |
| 15. |
Payment. Your account will be considered delinquent
if your credit card company or bank refuses for any reason to pay the
amount billed to it. You agree to pay
WinRarFreeDownload.com all reasonable
attorneys fees and collection agency costs incurred by
WinRarFreeDownload.com to collect any
past due amounts. |
| 16. |
Governing law and jurisdiction. |
| 16.1 |
This Agreement and the obligations of the parties hereto shall be
governed by and construed in accordance with the laws applicable in the
Commonwealth of the Bahamas, excluding any conflicts of law
dispositions. |
| 16.2 |
Each party agrees (i) that any dispute, including but not limited to
any difference, claim, counter-claim, controversy, action or proceeding
relating to this Agreement shall be brought in any court of competent
jurisdiction in the Commonwealth of the Bahamas located in the City of
Nassau, and for that purpose now irrevocably and unconditionally attorns
and submits to the jurisdiction of such court; (ii) not to oppose any such
action or proceeding on the basis of forum non conveniens or for any other
reason; and (iii) not to oppose the enforcement against it in any other
jurisdiction of any Order duly obtained from such court as contemplated by
this section. |
| 17. |
General Provisions. If any part of this Agreement is
found void and unenforceable, it will not affect the validity of the
balance of this Agreement, which shall remain valid and enforceable
according to its terms. This is the entire agreement between
WinRarFreeDownload.com and you relating to the Software and it supersedes
any prior representations, discussions, undertakings, communications or
advertising relating to the Software. |
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