Softpedia terms and conditions of use

Softpedia.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, Softpedia.com contains high-quality news about IT, science and technology issues.

The services offered by Softpedia.com ("Softpedia" 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 "Softpedia Services") offered by Softpedia or by related websites. The Softpedia services are hosted in Romania and the USA.

This Terms and Conditions of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Softpedia Services. By using the Softpedia Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Softpedia Website) or you are a "Member" (which means that you have registered with Softpedia.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 Softpedia 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 Softpedia Website and discontinue use of the Softpedia Services immediately. Any further access from you to our website will be considered as an acceptance of the terms and conditions stated below.

Softpedia 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 Softpedia 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.

1. Eligibility


Softpedia Services' use, as well as Membership is void if prohibited. By using the Softpedia 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 webmaster@softpedia.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 Softpedia 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.


2. Term


This Agreement shall remain in full force and effect while you use the Softpedia Services or are a Member. Softpedia.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 Softpedia 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. Softpedia 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 Softpedia 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, Softpedia 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


Softpedia 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 SoftNews NET and its collaborators/developers and are protected by the international copyright and trademark laws. Unauthorized use of the trademarks or any other Softpedia content included in the Website (meaning use without the express written permission of SoftNews NET) is strictly prohibited.

Individuals who believe they have identified a case of copyright of intellectual property infringement in materials available on Softpedia and wish to have that content removed may contact Softpedia by email at webmaster@softpedia.com 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 Softpedia site where the infringement took place (a list of URLs on site(s) controlled by SoftNews Net SRL);
(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.

Softpedia 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 Softpedia 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 Softpedia.com. Illegal and/or unauthorized use of the Softpedia 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 Softpedia 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 Softpedia Services.


6. Proprietary rights in Content posted by users


SoftNews NET 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 Softpedia Services. After posting your Content to the Softpedia 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 Softpedia Services, you hereby grant to SoftNews NET a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Softpedia Services.

You represent and warrant that:
a) you own the Content posted by you on or through the Softpedia 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 Softpedia 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 Softpedia 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


Softpedia 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, Softpedia 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. SoftNews NET assumes no responsibility for monitoring the Softpedia Services for inappropriate Content or conduct.

If at any time any third person claims that Softpedia users committed any sort of infringement to their rights and image, by the Content posted, they are to address authorities. Otherwise, SoftNews NET assumes no obligation to modify or remove any inappropriate Content.

Softpedia 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 Softpedia laboratories; for these and solely for these items, Softpedia 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 Softpedia Services. Softpedia.com reserves the right to investigate and take appropriate legal action against anyone who, in Softpedia.com's sole discretion, violates this provision. Prohibited Content (the list is not limited and can at any time be subject to alteration by Softpedia 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 Softpedia marks when using Softpedia 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 Softpedia Services in a manner inconsistent with any and all applicable laws and regulations.


9. Privacy


The information that you provide us about you will solely be used in accordance with the terms of our Privacy Policy.


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. Softpedia is not responsible for any inaccurate content, whether it is caused by Users or by any equipment or malfunction related to Softpedia Services. Moreover, Softpedia 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).

SOFTPEDIA 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 SOFTPEDIA 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 SOFTPEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


11. Force majeure


SoftNews NET and its collaborators and affiliates cannot be held responsible for any delay or malfunction brought about directly or indirectly by causes that exceed Softpedia's free will. This includes, but is not limited to: malfunctioning of SoftNews NET technical equipment, broken connection to Internet or telephone lines, computer viruses, unauthorized access to Softpedia system, operation errors, strike etc.


12. Indemnity


You agree to indemnify and hold SoftNews NET, 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 Softpedia 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. SoftNews NET reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.


13. Miscellaneous


Softpedia reserves the right, in its sole discretion, to suspend, modify, add or erase at any time parts of its web Content. Moreover, Softpedia 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 Softpedia 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.