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We may modify these Terms at any time without notice to you
by posting revised Terms on our sites. Your use of our sites
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any modifications that we make.
Some of the Services may be subject to additional posted
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conditions, which are incorporated into these Terms by reference.
In the event of an inconsistency between these Terms and any
additional posted conditions, the provisions of the additional
conditions shall control.
We have the right, but not the obligation, to take any of
the following actions in our sole discretion at any time and
for any reason without giving you any prior notice:
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part of our Services;
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6. Establish general practices and limits concerning use of
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You agree that we will not be liable to you or any third
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All materials published on our sites, including, but not limited
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You are solely responsible for all materials, whether publicly
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You hereby grant us, our affiliates, and our partners a worldwide,
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Content
We do not guarantee the accuracy, integrity or quality of
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to remove any content that may, in our sole discretion, violate
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Third Party Sites
Our sites contains links to other Internet sites owned by
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We have no control over sites that are not ours and we are
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for any loss or damage of any sort incurred as the result
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User's Warranties and Representations
The User hereby represents, warrants and covenants that the
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any applicable local, national or international law, including,
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The User hereby covenants not to impersonate another person
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any other similar software or programs that may damage or
adversely affect the operation of another person's computer,
our sites, any software or hardware, or telecommunications
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commercial purpose unless you have our written consent to
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6. Download any file that you know or reasonably should know,
cannot be legally obtained in such manner;
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proper notices or proprietary designations or labels of the
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8. Restrict or inhibit any other user from using and enjoying
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11. Impersonate any person or entity, including, but not limited
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or otherwise misrepresent your affiliation with a person or
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Unauthorized access to our sites is a breach of these Terms
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You hereby agree to indemnify, defend and hold The Download
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harmless from and against any and all liability, losses, costs
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with any claim including, but not limited to, claims for defamation,
violation of rights of publicity and/or privacy, copyright
infringement or trademark infringement arising out of:
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by any person, whether or not authorized by you;
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submit to our sites;
4. Your connection to our sites;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter for which you are required
to indemnify us and you agree to cooperate with our defense
of these claims.
Disclaimers
We disclaim any responsibility for the deletion, failure to
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WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR
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THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE
DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY
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ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS,
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(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR
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AND PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS
OF ITS CONTENT.
NONE OF OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD
PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Miscellaneous
We may be required by state or federal law to notify you of
certain events. You hereby acknowledge and consent that such
notices will be effective upon our posting them on our sites.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to
use of our sites or these Terms must be filed within one (1)
year after such claim or cause of action arose or be forever
barred.
Governing Law
The laws of the State of Texas, USA applicable therein shall
govern as to the interpretation, validity and effect of this
Agreement notwithstanding any conflict of laws provisions
or the User's domicile, residence, or physical location. The
User hereby consents and submits to the non-exclusive jurisdiction
of the courts of the State of Texas in any action or proceeding
instituted under or related to this Agreement.
General
This Agreement sets forth the entire agreement between you
and The Download Guide in respect of the Site and its contents
and supersedes all prior agreements, whether written or oral,
with respect to the subject matter hereof. If any provision
of this Agreement is held to be invalid or unenforceable,
such provision shall be struck from these Terms and Conditions
and the remaining provisions shall remain in full force and
effect. Any failure by The Download Guide to enforce any provision
of this Agreement will not constitute a waiver of our right
to subsequently enforce such provision or any other provision
of this Agreement. This Agreement shall endure to the benefit
of and be binding upon each of us and our respective successors
and permitted assigns.
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