D's Apps Terms of Service
The following Terms of Service (collectively known as the "Terms" or "Agreement") govern all access and use of all content, services, and products (the "Services") available through the websites or other products developed or owned by D's Apps
Any further access from you to our Services will be considered as an acceptance of the Terms stated below. If you do not understand or do not agree to all or any of the terms or conditions set forth in this agreement, then you may not access or use any of our Services. You may not access or use our Services when you do not have an explicit permission from your parent or guardian in cases where such permission is applicable, desirable, or required. You may not access or use our Services if you are under the legal age of 13. You may not access or use our Services when you are not permitted to do so by local or international law.
Changes to this Agreement
D's Apps reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check these Terms periodically for changes. If you continue to use the Services after we change the Terms, you accept all changes. D's Apps may also, in the future, offer new services and/or features (including, the release of new tools or new web resources), and such new features and/or services shall be subject to the terms and conditions of this Agreement and its revisions.
Registration
In order to access certain Services, you may be required to register an account with us. You agree that any registration information you provide to us will always be accurate, correct and up to date.
D's Apps reserves the right to suspend or terminate any accounts without any prior or explicit notice when there is a reasonable doubt that the account information is inaccurate or when a person is banned from accessing the Services or when it seems appropriate to ensure operation and safety of the Services.
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have a reason to believe that someone is using your account without your permission, you should contact us immediately.
Use of the Services
You agree to use the Services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export or use of data or applications to and from the United States or other countries and any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content) and use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
You agree that you will respect other users of our Services and their Submissions. You agree to be polite and to never take actions or use the language, which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
Spamming is not an acceptable form of communication on our Services, and such offenders will be banned from using our Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You may access and use the Services only for your own personal, non-commercial use. You may not copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services.
While D's Apps places advisory warnings for links and uses third parties to test content on the servers for malicious content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
D's Apps assumes no responsibility for monitoring the Services for inappropriate content or conduct.
Content
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "Submissions") to or through the Services. When you provide Submissions, you grant to D's Apps and all of its subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those Submissions, and your name, voice, likeness and other identifying information where part of a Submission, in any form, media, applications, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your Submissions.
We occasionally provide third party content or link to third party websites on the Services. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.
D's Apps have no obligation to monitor Submissions, and you agree that neither D's Apps and all of its subsidiaries, affiliates, partners, employees, or agents will be liable for Submissions or any loss or damage resulting from Submissions.
If you believe that content on the Services infringes your copyright, contact us immediately.
Copyright
The Copyright Laws protects services and products developed or produced by D's Apps or its agents. Other trademarks, service marks, graphics, logos, texts used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any D's Apps or third-party works and trademarks.
You may not copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services.
The Services may contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Our Services often features content readily available on the Internet, hence subject to Public Domain or Fair Use Licenses. D's Apps makes a reasonable effort to reference the original owner and location of the content; however, it is not possible in all cases. Please contact us to correct any inconsistencies or wrong information.
If you believe that content on the Services infringes your copyright, contact us immediately.
Accuracy
D's Apps makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information found on or transmitted to you through the Services or that you transmit to other users of our Services.
Advertisements
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising are subject to change without specific notice to you. In consideration for granting you access to and use of the Services, you agree that we may place such advertising on the Services.
Termination
Any Submissions you made while using the Services will continue to be governed by these Terms.
If you delete your Submissions or request to remove copyrighted content or your account with us, D's Apps will use reasonable efforts to remove or hide it, when authorized to do so and it is appropriate, from the Services, but you acknowledge that caching or references to the Submissions, copyrighted materials, or your account may not be made immediately unavailable.
D's Apps, in its sole discretion at any time for any reason without any notice to you, reserves the right to suspend or terminate your access to the Services, to change, limit or discontinue all or any part of the Services, to retain or delete any information, including any Submissions, found within the Services, to provide information concerning you and your activities to comply with applicable laws or respond to court orders, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services.
Warranties & Liabilities
D'S APPS PROVIDES THE SERVICES "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" WITH NO WARRANTIES WHATSOEVER. D'S APPS WILL NOT BE LIABLE FOR ANY DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING OUR SERVICES. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING, WARRANTIES OF FITNESS, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL D'S APPS, ANY OF ITS SUBSIDIARIES OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN WHEN SUCH DAMAGES ARE FORESEEABLE OR IF ONE MORE OR MORE PARTIES OF THE FREE DOWNLOAD MANAGER.ORG OR ITS AFFILIATES HAS BEEN ADVISED OR NOTIFIED OF POSSIBILITY OF SUCH DAMAGES.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS WILL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
Support
D's Apps will make a reasonable effort to support its members, developers, and visitors through e-mail or support ticketing system, however, we are not making any promises as to the duration of our responses for such requests.
Miscellaneous
You agree to indemnify and hold harmless D's Apps and all of its subsidiaries, affiliates, partners, employees, or agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of these Terms.
The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
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