DownPlex.com is a library of free and free-to-try software programs for Windows, Macintosh and Linux, games and drivers. It also offers a wide range of information about handheld technology, mobile phones and scripts. Last but not least, DownPlex.com contains high-quality news about IT, science and technology issues.The services offered by DownPlex.com ("DownPlex" or "we") include the main website, a bilingual message board (forum), a "blog"-host, a photo store for users and any other features, content, or applications (collectively, the "DownPlex Services") offered by DownPlex or by related websites.
This Terms and Conditions of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the DownPlex Services. By using the DownPlex Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the DownPlex Website) or you are a "Member" (which means that you have registered with DownPlex.com). In fact, during the Registration process, the future Members can only get this privilege only after expressly consenting to comply with this Agreement. The term "User" refers to a Visitor or a Member. You are only authorized to use the DownPlex Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully.
If you do not agree with it, you should leave the DownPlex Website and discontinue use of the DownPlex Services immediately. Any further access from you to our website will be considered as an acceptance of the terms and conditions stated below.
DownPlex may modify this Agreement from time to time and such modification shall be effective upon our posting on the Website. You agree to be bound to any changes to this Agreement when you use the DownPlex Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
- Registering, passwords and responsibilities
- Intellectual property protection
- Non-commercial Use
- Proprietary rights in Content
- Content posted on the Website
- Prohibited activities
- Disclaimers and limitation on liability
- Force majeure
- Applicable law
DownPlex Services' use, as well as Membership is void if prohibited. By using the DownPlex Services, you represent and warrant that:
a) all registration information you submit is truthful and accurate and you will maintain the accuracy of such information;
b) you are at least 13 years old (otherwise, for those who want to become Members, we shall need the parental direct consent). You may have your parent or tutor e-mail us at email@example.com to verify that you have been granted permission to use this site. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age and you do not comply with the rules stated above;
c) your use of the DownPlex Services does not violate any applicable law or regulation.
d) you are the developer or the owner of all software or any other content that you send to us.
This Agreement shall remain in full force and effect while you use the DownPlex Services or are a Member.DownPlex.com may suspend or terminate your Membership at any time, without warning, or may limit your access to the Website content, or to a part of it. Even after Membership is terminated, this Agreement will remain in effect. Once your Account is terminated you agree not to post on the message boards, or to assist or cause another person to post messages on your behalf.
3. Registering, passwords and responsibilities
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. We strongly recommend that you do not share that password to anyone. Moreover, you should remember to sign out or log off your account whenever you mean to interrupt the use of DownPlex Services, regardless of the duration of your absence. Also, it is advisable that you close the session window of your browser, especially if you accessed the Website from a public Internet cafe, for example. DownPlex will never ask for your profiles' passwords through unsolicited messages or e-mails.
You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify DownPlex immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Unfortunately, no data transmission on the Internet can be 100% secure. Consequently, despite our efforts to protect personal information, DownPlex cannot ensure or guarantee the safety of any transmission whatsoever. You acknowledge that all information sent to us is on your own risk.
4. Intellectual property protection
DownPlex content and web-design, as well as any other data related to the Website, that we may send to you by e-mail or other means, including news content published by our authors belong to KenSoft LLC and its collaborators/developers and are protected by the international copyright and trademark laws. Unauthorized use of the trademarks or any other DownPlex content included in the Website (meaning use without the express written permission of KenSoft LLC) is strictly prohibited.
Individuals who believe they have identified a case of copyright of intellectual property infringement in materials available on DownPlex and wish to have that content removed may contact DownPlex by email at firstname.lastname@example.org and submit a request conforming to the DMCA guidelines.
In essence, the request must at least contain:
(1) Sufficient information to identify and contact the holder of the allegedly infringed rights or its authorized agents (complaining party);
(2) Sufficient information to identify the infringed intellectual property (preferably a list of URLs on site(s) under the copyright holder's control);
(3) Sufficient information to identify the location on the DownPlex site where the infringement took place (a list of URLs on site(s) controlled by KenSoft LLC);
(4) Clear statements in the effect of the complaining party having a good faith belief that use of the allegedly infringed intelectual property is not authorized by the copyright owner, its agent, or the law, and that the information in the request is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DownPlex will take into consideration, analyze and reply to all such requests or ask for additional information if the submitted requests do not comply with the above guidelines.
5. Non-commercial Use
The DownPlex Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by DownPlex.com. Illegal and/or unauthorized use of the DownPlex Services, including collecting usernames and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the DownPlex Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the DownPlex Services.
6. Proprietary rights in Content posted by users
KenSoft LLC becomes the owner of the texts that you post on the forums, as soon as you post them, but we do not claim any ownership rights in the photos, software or any other materials (collectively, "Content") that you post to the DownPlex Services. After posting your Content to the DownPlex Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the DownPlex Services, you hereby grant to KenSoft LLC a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the DownPlex Services.
You represent and warrant that:
a) you own the Content posted by you on or through the DownPlex Services or otherwise have the right to grant the license set forth in this section;
b) the posting of your Content on or through the DownPlex Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other sums of money owing any person by reason of any Content posted by you to or through the DownPlex Services.
When you consider that an infringement of your copyright or of your image took place, you are to address to a legal authority if you with to have access to any available personally identifiable data of that user. Only if we have its official decision we are allowed to offer you the personal data of the assumed guilty user, according to Law 677/2001 of the Romanian legislation. For infringing content removal see Section (4) above.
7. Content posted on the Website by users
DownPlex allows the users to post different content on the web, such as text (messages, discussions on forums), photos, software or any other materials (collectively named "Content"). On the other hand, DownPlex may delete any Content that in its sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. KenSoft LLC assumes no responsibility for monitoring the DownPlex Services for inappropriate Content or conduct.
If at any time any third person claims that DownPlex users committed any sort of infringement to their rights and image, by the Content posted, they are to address authorities. Otherwise, KenSoft LLC assumes no obligation to modify or remove any inappropriate Content.
DownPlex makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. There is only one exception to this rule: there are several software products that have been thoroughly tested in the DownPlex laboratories; for these and solely for these items, DownPlex guarantees that, at the moment of testing and only at that moment, they are 100% clean of any form of malware, including, but not limited to spyware, viruses, trojans and backdoors. These specific items can easily be spotted within the Website, marked with a distinctive sign: "100% CLEAN". However, it should be noted that this product will be retested periodically and the award may be withdrawn, so you should check back this page and especially the date of testing shown above.
8. Prohibited activities
The following is a list of the kind of Content that is illegal or prohibited to post on or through the DownPlex Services. DownPlex.com reserves the right to investigate and take appropriate legal action against anyone who, in DownPlex.com's sole discretion, violates this provision. Prohibited Content (the list is not limited and can at any time be subject to alteration by DownPlex at its sole discretion) includes content that:
- is offensive and promotes racism, bigotry, hatred, physical harm or harassment of any kind against any group or individual;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent;
- covers or obscures any of the DownPlex marks when using DownPlex services;
- is automatically created by any sort of script meant to add friends or send comments or messages;
- involves using the account, username, or password of another Member at any time;
- means in any way using the DownPlex Services in a manner inconsistent with any and all applicable laws and regulations.
10. Disclaimers and limitation on liability
The information, services and products available to you on this Website may contain errors and are subject to periods of interruption. DownPlex is not responsible for any inaccurate content, whether it is caused by Users or by any equipment or malfunction related to DownPlex Services. Moreover, DownPlex is not responsible for the functioning of any of the links to related websites (including ease of downloading programs, procedure to follow in order to buy any item).
DownPlex PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.IN NO EVENT SHALL DownPlex BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DownPlex HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Force majeure
KenSoft LLC and its collaborators and affiliates cannot be held responsible for any delay or malfunction brought about directly or indirectly by causes that exceed DownPlex's free will. This includes, but is not limited to: malfunctioning of KenSoft LLC technical equipment, broken connection to Internet or telephone lines, computer viruses, unauthorized access to DownPlex system, operation errors, strike etc.
You agree to indemnify and hold KenSoft LLC, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the message boards on DownPlex Website, the violation of these terms and conditions by you, or the infringement by you, or other user of the message boards using your computer, of any intellectual property or other right of any person or entity. KenSoft LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DownPlex reserves the right, in its sole discretion, to suspend, modify, add or erase at any time parts of its web Content. Moreover, DownPlex has the right to modify the terms of the present Agreement, at any time and without prior warning. You are to verify the Agreement from time to time, because you acknowledge that you are subject to the modifications as soon as they are posted on the web.If at any moment, some services provided by DownPlex can be subject to other terms than these stated above, we shall post a visible announcement on the website, regarding the specific regulations for that matter.
14. Applicable law
Parties' rights and obligations, imposed by the present Agreement, as well as all juridical effects produced by the Agreement shall be interpreted and governed by the Romanian laws effective at that time. Any dispute concerning this Agreement shall be solved by competent Romanian Courts of Law.