Terms & Conditions

PC Download Classifieds Terms and Conditions

Introduction

These are the Terms and Conditions, which you must agree to in order to participate in PC-Download.net's advertising program (as described below). As used in this agreement, the terms "Client" and "You" mean you and the company or entity, which you represent. By participating in PC-Download.net's advertising program, you are entering into a binding and enforceable legal agreement with PC-Download.net and you are signifying your assent to these Terms and Conditions. Please read these Terms and Conditions carefully before using PC-Download.net's advertising program. If you do not agree to the Terms and Conditions, please do not use PC-Download.net's advertising program. This Agreement, including pricing and payment terms, is subject to change by PC-Download.net at any time.

Advertising Program

For purposes of this Agreement, the PC-Download.net Classifieds Program is that program whereby Clients wishing to advertise their web site(s), services or products, pay for listings to appear in the PC-Download.net Sponsored Link category. Using the PC-Download.net Classifieds Program does not in any way guarantee any traffic to your site or sales. PC-Download.net reserves the right, at any time and from time to time to reject and/or remove any links or web site(s) you have listed with PC-Download.net may be viewed by Internet users and consumers who access your links and sites through PC-Download.net.

Payment

You agree to pay PC-Download.net based on the number of text link ads and terms/calendar days. You grant PC-Download.net the right to charge your credit card in accordance with the payment terms you have selected in your order form.

Credit Card

Client acknowledges that its payment obligation hereunder is based solely on the number of text link ads and terms/calendar days and not on Client's ability to convert clicks to sales. In the event that PC-Download.net is unable to charge a Client's credit card or a check issued by the Client is returned, PC-Download.net may, in its sole discretion, terminate the Client's participation in the advertising program.

Your Representations and Warranties

You represent and warrant to PC-Download.net that (a) you are duly authorized to enter into this Agreement and perform your obligations hereunder. (b) your web site(s) will comply at all times with all applicable laws, rules and regulations and your web site(s) will not in any way violate or infringe upon any other right or rights including, but not limited to, trademark, copyright, rights of privacy or publicity, or any other personal or proprietary right of any person or entity, (c) your web site(s) will not contain any libelous, defamatory, obscene or unlawful materials (d) your web site(s) do not and will not contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. You will not hold PC-Download.net liable or responsible for the activities of visitors who come to your web site(s). You further represent that your web site(s) is not unsuitable for the PC-Download.net Classifieds Program. Unsuitable sites include porn sites, gaming sites and those that promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; and violate or infringe upon the rights of any third party, including intellectual property rights. PC-Download.net does not undertake to monitor but reserves the right to reject or remove any web site(s) if it is deemed unsuitable for the PC-Download.net Classifieds Program.

Your Indemnification Obligations

Client agrees to indemnify and hold PC-Download.net and its officers, directors, agents, and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with (i) Client's participation in the PC-Download.net Classifieds Program, (ii) Client's web site(s) or any links from Client's web site(s) (iii) any libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with your web site(s) (iv) any breach by Client of any duty, representation, warranty under any agreement with PC-Download.net, or (v) relating to a contaminated file, virus, worm, or Trojan horse emanating from you web site(s). You agree that you are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to Mamma.com.

Limitation of Liability and Warranty Disclaimer

THE PC-DOWNLOAD.NET WEB SITE, INCLUDING THE ADVERTISING PROGRAM, IS AVAILABLE ON AN "AS IS" BASIS. PC-DOWNLOAD.NET MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE ANY SERVICE PROVIDED BY OR THROUGH PC-DOWNLOAD.NET FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF CLICKS WHICH WILL BE DELIVERED AND THE SUCCESS OF YOUR LISTING. PC-DOWNLOAD.NET, ITS EMPLOYEES, CONSULTANTS AND OTHER AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, COSTS, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY CLIENT IN CONNECTION WITH THE ADVERTISING PROGRAM OR INCURRED BY CLIENT AS A RESULT OF ANY SERVICES PROVIDED BY PC-DOWNLOAD.NET INCLUDING, WITHOUT LIMITATION, THE CONTENTS OF ANY WEB SITES OR PAGES, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA, DELAY IN OPERATION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO ANY WEB SITES OR RECORDS, OR OTHER INJURY DAMAGE OR DISRUPTION TO CLIENT. NOTWITHSTANDING THE FOREGOING, SHOULD PC-DOWNLOAD.NET BE LIABLE FOR ANY REASON, CLIENT AGREES THAT IN NO EVENT SHALL PC-DOWNLOAD.NET'S LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO PC-DOWNLOAD.NET BY CLIENT IN THE ONE MONTH PRIOR TO ANY ALLEGED LOSS. IN NO EVENT SHALL PC-DOWNLOAD.NET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PC-DOWNLOAD.NET HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PC-DOWNLOAD.NET WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. PC-DOWNLOAD.NET MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. YOU FURTHER AGREE THAT YOU WILL NOT HOLD PC-DOWNLOAD.NET RESPONSIBLE FOR ANY ACTS, ERRORS, OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE PC-DOWNLOAD.NET CLASSIFIEDS PROGRAM, PC-DOWNLOAD.NET WEB SITE, AND/OR SITES LINKED TO THROUGH THE PC-DOWNLOAD.NET WEB SITE.

Right to Reject

All requested URL links, and descriptions are subject to PC-Download.net's approval. PC-Download.net reserves the right to reject, cancel or remove any URL link, and descriptions at any time for any reason whatsoever.

General

This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and supersedes all prior agreements and understandings. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement. In receiving any dispute or construing any provision in the Agreement, there shall be no presumptions made or inferences drawn because one of the parties drafted the Agreement, from the titles of the sections of this Agreement which are for convenience only. A waiver by PC-Download.net of any term or condition of this Agreement in any instance will not be deemed or construed as a waiver of such term or condition for the future or any subsequent breach thereof. Unless otherwise specifically provided herein, all dollar amounts herein are expressed in United States funds. The parties are independent contractors and no employment, agency, partnership or joint venture is created hereunder. No party shall have the right to act as the agent for or to bind the other. This Agreement is not for the benefit of any third party, and shall not be considered to grant any right or remedy to any third party whether or not referred to in this Agreement. PC-Download.net reserves the right to change the terms upon which it offers its advertising program to the public and may change this Agreement by posting such changes. Client's continued participation in the advertising program following such changes shall be deemed an assent to such changes.

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