Copyright (c) 2013-2014, Maxiget Ltd
All rights reserved.
This Site, its software (“Product”) and content ("Content") are proofed by copyright and other intellectual property laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade dress and other intellectual property rights correlated with the Site, the Product and the Content are the sole property of Maxiget Download Manager or its partners or affiliates. The existing Content may also be protected as a compilation or collective work under U.S. copyright and other related laws. You agree to adhere to all copyright and other laws currently in effect, as well as any other copyright notices or restrictions presented on the Site. Maxiget Download Manager does not share, through allowing access to the Site, any rights of owners of the Site, the Product or of any Content. You are not allowed to: modify, transmit, copy, translate or distribute, decompile, reproduce, reverse engineer, adapt or disassemble any part of Site, the Product or the Content. To the extent that the Site allows you to download and/or use any software applications, Your usage of such Applications is solely pursuant to a restricted, non-commercial, non-exclusive, and personal license which Maxiget Manager hereby grants to You only for as long as Maxiget Manager allows You to have access to the Site and to use its Services.
By using the Applications, thus You also agree that Maxiget Manager or its suppliers owns all rights, interest in and title to the Applications and any improvements or modifications, including patent, copyright or trade secret right inherent therein or owned by it. You are not allowed to use the Applications, the Product, the Site or the Content for any purpose other than your personal use of the Site corresponding to these Terms and Conditions. You are also prohibited to copy the Applications or Product disclose or transfer the Applications or Product to any third party, or create any derivatives of the Applications, or use the Applications or Product for any commercial purpose. In case Maxiget Manager suspends or terminates Your access to the Site for any reason, the foregoing license to the Applications will automatically act and You shall immediately stop all possible usage of the Applications and the Product and clear up all copies of the Applications or Product in Your tenure. The Applications are kept on an "AS IS" basis, with no liabilities of any kind, express or implied.
This Site, its Content, Services and Product are available and accessible only for over the age of legal majority users. These Terms conduct Your activity on the Site and all software, applications and services (collectively, "Services") available on the Site, except to the extent such Services are subject to an independent agreement. Additional conditions may relate to the use of some or all of the Services or Products provided to You via the Site.
a. You agree to adhere to all limitations on dissemination, use and reproduction of any Content or Services that you download or access from the Site (“Your Content”).
b. Maxiget has no responsibility or liability for the deletion or accuracy of any Content, including Your Content, the failure to store, transmit or receive transmission of the Content, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services and the Content. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for Your Content. You agree that Maxiget reserves the right to create reasonable limits on the use of the Content, including Your Content, such as limits on storage space, file size, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Maxiget in its sole discretion.
c. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all the activity that occurs to your Account Information whether or not you are logged in your account. If you become aware of any unauthorized usage of your account or Account Information, or any other breach of security, you agree to notify Maxiget immediately. You are prohibited to use another person’s Account Information. Maxiget reserves the right to require your changing your Account Information or certain parts of your Account Information at any time for any reason.
d. You agree to use the Services, Product and the Content only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction including any laws regarding the export of data or software to and from the United States or other applicable countries.
e. You agree not to access or attempt to access the Services by any means other than the interface provided by Maxiget or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
a. Maxiget, in its sole discretion, may (but has no obligation to) monitor or review the Services and Content at any time. Without limiting the foregoing, Maxiget shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.
b. Although Maxiget does not generally monitor User activity occurring in connection with the Services or Content, if Maxiget becomes aware of any possible violations by you of any provision of the Terms, Maxiget reserves the right to investigate such violations, and Maxiget may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services, Product or Content or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, Maxiget believes that criminal activity has occurred, Maxiget reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, Maxiget is entitled to retain and/or disclose any information or Content, including Your Content or Account Information (or elements thereof), in Maxiget possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the Terms or rights of third parties; (iv) respond to your requests for customer services; or (v) protect the rights, property or personal safety of Maxiget, its Users or third parties, including the public at large, as Maxiget in its sole discretion believes to be necessary or appropriate.
Maxiget may at any time and from time to time modify or discontinue, temporarily or permanently, the Services or the Content, or any portion thereof, with or without notice. You agree that Maxiget shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or Content. Maxiget may, in its sole discretion, modify this End-User License Agreement at any time without notice to you. Your continued use of the Site, Services or Applications after modification of this End-User License Agreement constitutes your acceptance of those modifications. Maxiget reserves the right, at its sole discretion, to modify or replace any part of the End-User License Agreement, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time without notification to you. Maxiget may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the End-User License Agreement periodically for changes. Your continued use of the Service following the posting of any changes to the End-User License Agreement constitutes acceptance of those changes.
Unauthorized access to the Site and its Services is considered as a violation of the End-User License Agreement as well as a violation of the law. You agree not to use any automated means, including, but not limited to robots, agents, spiders or scripts, to monitor, access, or copy any parts of our sites, except those we have approved preliminary and in a written form.
Maxiget Manager may suspend or discontinue the Site and its Services any time without notifying, and Maxiget Download Manager may terminate, block or suspend Your access to the Site as well as your usage of the Product or Services, any time for any reason in its reasonable discretion, even in case the access to the Site keeps on being allowed to other users. On such termination or suspension, You immediately have to stop using this Site and its Services. You are aware of and agree that Site disclaims any responsibility for You or any third party for any suspension or termination of Your access to the Site and its Services.
BY ACCESSING THIS SITE OR USING THE APPLICATIONS OR SERVICES YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
a. THE SITE, SERVICES, CONTENT AND APPLICATIONS ARE PROVIDED BY MAXIGET ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MAXIGET MAKES NO WARRANTY THAT: (I) THE SITE, SERVICES, CONTENT OR APPLICATIONS WILL BE UNINTERRUPTED OR WILL MEET YOUR REQUIREMENTS, SECURE, TIMELY OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USAGE OF THE SITE, SERVICES, CONTENT OR APPLICATIONS WILL BE EFFECTIVE, RELIABLE OR ACCURATE; (III) THE QUALITY OF THE SITE, SERVICES, CONTENT OR APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY DEFECTS OR ERRORS IN THE SITE, SERVICES, CONTENT OR APPLICATIONS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MAXIGET FROM OR THROUGH USAGE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
b. MAXIGET SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USAGE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USAGE OF CONTENT OR THE PRODUCT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USAGE OF THE SITE AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY ERRORS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR USING THE PRODUCT. MAXIGET ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS, OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
c. MAXIGET DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY CONTENT OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. MAXIGET MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR CONTENT OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
d. PARTICIPANTS, HOSTS, MANAGERS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED MAXIGET SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS DO NOT REFLECT THOSE OF MAXIGET. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAXIGET WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, PRIVACY, LIBEL, OBSCENITY, PUBLICITY OR OTHER LAWS. MAXIGET ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE LOSS, MISUSE, UNAVAILABILITY OR MODIFICATION OF ANY USER CONTENT.
e. MAXIGET WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR ACCOUNT OR PASSWORD OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR CONTENT, EITHER WITH OR WITHOUT YOUR NOTICE.
f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED LIMITATIONS, OR WARRANTIES ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that notwithstanding any law or statute to the contrary, any allegations of irregularities or cause of action arising out of or related to use of our sites, services, applications, products, content or these Terms must be filed during one (1) year after such cause of action or claim arose or be forever barred.
On accepting these Terms You agree to protect, hold harmless and indemnify Maxiget Manager, its licensors, partners, and affiliates, suppliers, and their respective officers, employees, directors, representatives and agents from any and all claims, including, without limitation, claims for violation of rights of privacy and/or publicity, defamation, copyright or trademark infringement arising from Your use of the Site or violation of these Terms. At our own expense, we reserve the right to assume the exclusive defense and regulation of any matter which you are required to indemnify us, and you agree to collaborate with our defense of these claims.
Maxiget Manager reserves the right to provide links on the Site from time to time that will allow You to visit the websites of third parties. Neither these websites nor their sponsors are regulated or managed by Maxiget. Maxiget Manager makes no claims concerning the information provided as well as does not endorse the products, services or content offered by these websites. Your usage of these websites, their services, content or products is at your own risk. Maxiget Manager expressly disclaims all liabilities associated with these third party's websites, their services or products.
The Terms shall be regulated and followed according to the laws of the Cyprus without giving effect to the conflict of laws principles. You hereby explicitly agree to peremptorily submit to the exclusive jurisdiction and venue of the State Courts located in the Cyprus for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter mentioned in this document. In case any provision of the Terms is impracticable or inoperative for any reason, such provision shall be applied to the maximum extent permitted by law and the disability of such provision shall not affect the collateralization and validity of existing provisions of the Terms. Our inability to apply or exercise any right or provision of these Terms must not be considered as waiver of those rights or provision. Except as specifically discussed in a separate license, service or any other written agreement between Maxiget Manager and You, these Terms empowers the current agreement between Maxiget Manager and You according to the use of the Site, its Content, any service or software, information, and supersede all communications, discussions, agreements and conversations according to the subject matter hereof. All notifications and other communications under the Terms must be in a written form and will be considered to have been given in a befitting way when actually received. Notifications shall be sent at Your address on record with Maxiget Manager. You may provide notifications to Maxiget Download Manager via email to [email protected]
Date of last revision July 31, 2014