Advertising Terms and Conditions Policy
SoftwareArchives.com terms and conditions policy ("Policies") set forth below define acceptable practices while accessing any part of SoftwareArchives.com and/or the services that provide access to the SoftwareArchives.com network (the "Service"). By using the Service, you acknowledge that you and users that have gained access to the Service through your account (collectively "Users"), have read, understood, and agree to abide by the Policies. You are responsible for violations of these Policies by any User. While it is not our intent to control or monitor your on-line experience or the content of your on-line communications, we may edit or remove content that we deem to be in violation of the Policies or that we otherwise deem harmful, erroneous, misleading, offensive or otherwise inappropriate. As used herein, SoftwareArchives.com includes it’s principals, owners, agents, employees and all others affiliated with SoftwareArchives.com.
You are entirely responsible for maintaining the confidentiality of your password and account information. You agree to indemnify, defend, and hold harmless SoftwareArchives.com, its subsidiaries, affiliates, officers, directors, employees, agents, licensers, consultants, suppliers, and any third party Web site providers from and against any and all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from the violation of this Policy, misuse or abuse of the Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in defense of SoftwareArchives.com for any and all claims. SoftwareArchives.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SoftwareArchives.com. You agree immediately to notify SoftwareArchives.com of any unauthorized use of your account or any other breach of security known to you.
These Policies are designed to assist in protecting the Service, our Users. Users are generally expected to behave in a reasonable fashion and to adhere to commonly accepted practices of the Internet community.
For the most part, simply exercising good judgment and common sense while using the Service should enable Users to remain within the purview of acceptable conduct as further described in these Policies. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.
RIGHTS OF SOFTWAREARCHIVES.COM:
If Users engage in conduct while using the Service that is in violation of the Policies or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate the Service or the User's access to the Service. In most cases, we will attempt to notify you of any activity in violation of the Policies and request that the User cease such activity. In addition, we may take any other appropriate action, legal or otherwise, against a User for violations of the Policies, such action may, in our sole discretion, include termination of the Service. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring through the Service and will not be liable to any party, including you, for any violation of the Policies. We reserve the right to refuse service to anyone for any reason or for no reason.
Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Unless otherwise noted all information, text, articles, data, images, documents, software and other materials on all pages of this Site is the copyrighted property of SoftwareArchives.com or the Copyright Holder. Title to copyrighted Materials of Users will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with these Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials.
Unless otherwise provided in these Terms and Conditions, you may not edit, modify or make use of the Materials on the site without the express, prior written consent of SoftwareArchives.com. You may not use any content in any manner that may give a false or misleading impression or statement as to SoftwareArchives.com, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. You agree to use the Site and the Materials, services and products on the Site or accessible via the Site only for lawful purposes.
Except as specifically provided in these Terms and Conditions, any reproduction, distribution, replication or retransmission of any information contained in this Site without the prior written consent of SoftwareArchives.com is strictly prohibited. SoftwareArchives.com respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the right to terminate users who infringe the rights of copyright holders.
For each visitor to our Web pages, our Web Server recognizes no information regarding the visitor's e-mail address or cookies outside SoftwareArchives.com.
We collect information on what pages users access or visit and information volunteered by the user, for example e-mail address´ users submit to be put on our mailing list. This type of information is used to notify users about updates to our Web site, only if the visitor requests it, and is not shared with other organizations for commercial purposes.
Let us now offer our thanks for your interest in SoftwareArchives.com. We hope you enjoy your visit, and know that your privacy is one of our efforts to keep this a safe and secure online community!
Advertising Space means one Advertisement, stored on the SoftwareArchives.com Web server, with a defined start Date.
Advertisement means the graphic file supplied by an advertiser that can be selected by a user as a Link.
Link means a request for information from a server other than the SoftwareArchives.com Web servers located at the offices of SoftwareArchives.com.
Slot means an HTML page that may include a SoftwareArchives.com Advertising Space and the Sponsor's Advertisement.
Start Date means the first day the SoftwareArchives.com Web server will display the Advertisement.
SoftwareArchives.com Web server means a server computer of SoftwareArchives.com and SoftwareArchives.com that users may access via the Internet.
Usage Statistics means a set of numbers compiled by SoftwareArchives.com and reported on a periodic basis to Advertiser (if requested), for the purpose of assessing a value and for estimating future advertising rates.
All payments for advertising are due upon receipt unless otherwise provided on the invoice for such advertising. All statements will be sent by electronic means unless otherwise agreed by and between the parties. Payment is overdue when not received within 30 days from the date of transmission and late charges will accrue upon the expiration of 30 days from transmission. The rate of interest charged will be 1.5% per month or the maximum allowable interest rate, whichever is lower. Additionally, SoftwareArchives.com reserves the right to delete any and all advertisements for Users upon 24 hours notice if User is has failed to pay any invoice within 30 days of transmission. SoftwareArchives.com reserves the right to hold Advertiser and its authorized advertising agent jointly and severally liable for any and all amounts owed.
RIGHT TO REFUSE UNACCEPTABLE ADVERTISING:
SoftwareArchives.com reserves the right to refuse any advertisement sponsorship banner that does not completely conform to every detail, instruction, method, and guideline set in the Advertising Specifications which can be found on the SoftwareArchives.com Web Site. SoftwareArchives.com reserves the right to refuse any advertisement graphic that does not arrive 10 days before the Advertiser would like the banner to be placed online. SoftwareArchives.com does not accept advertising from companies that produce or provide tobacco, alcohol, illegal activities, illegal substances, or pornographic products or services, or their subsidiaries, or foundations funded by such companies whose function is to improve acceptance of such products by the public. SoftwareArchives.com shall have complete discretion to determine the acceptability of any and all advertisements and advertisers. Advertising agreements may be terminated without notice by SoftwareArchives.com immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol, illegal activities, illegal substances, or pornographic products or services. In addition, SoftwareArchives.com may, in its complete discretion, refuse to insert any other advertising that it deems appropriate.
USAGE STATISTICS :
SOFTWAREARCHIVES.COM MAKES NO GUARANTEE THAT USAGE STATISTICS WILL BE EQUAL TO ANY PUBLISHED NUMBERS AT ANY GIVEN TIME.
SOFTWAREARCHIVES.COMSHALL NOT BE HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO SAID USAGE STATISTICS. SOFTWAREARCHIVES.COM PROVIDES ADVERTISERS WITH USAGE STATISTICS ONLY AS A COURTESY TO THE ADVERTISERS.
TRUTH IN ADVERTISING/ INDEMNIFICATION FOR LIABILITY:
Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, and/or (2) any material to which users can link through the Advertisement. Advertiser represents and warrants that the Advertisement and Link comply with SoftwareArchives.com's advertising standards and that it holds the necessary rights to permit the use of the Advertisement and Link by SoftwareArchives.com for the purpose of this Agreement. Advertiser further warrants that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights of any third parties, including, but not limited to violations such as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify SoftwareArchives.com and to hold SoftwareArchives.com harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by SoftwareArchives.com. arising out of or related to Advertiser's breach of any of the foregoing representations and warranties. Advertisements that have been accepted and are later found to be objectionable or fraudulent will be removed from all SoftwareArchives.com media without prior notice. Advertiser will not receive a refund for advertisements that are misleading or fraudulent. Fraudulent ads include, but are not limited to, advertisements that offer a product or service that is not delivered, advertisements containing claims that cannot be substantiated or are exaggerated; advertisements that mislead people into buying something other than the advertised product or service. Advertisement from companies with unresolved complaints with the Better Business Bureau are also subject to removal from all SoftwareArchives.com media without refund. Rates listed on our Rate Card or quoted by an Advertising Representative are not guaranteed for future advertising purchases unless a proper advertising insertion order has been signed and agreed to by SoftwareArchives.com and Advertiser.
No refunds will be given after the advertising Start Date. Cancellations prior to the start date by advertiser or advertiser’s representative are not effective until confirmed by SoftwareArchives.com. Cancellations received in writing (via email or USPS, confirmation requested) before the Start Date are subject to a 15% processing fee.
LIMITATION ON DAMAGES:
IN NO EVENT WILL SOFTWAREARCHIVES.COM BE LIABLE TO ADVERTISER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT SOFTWAREARCHIVES.COM HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGE.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, ARE PROVIDED "AS IS," AND SOFTWAREARCHIVES.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. SOFTWAREARCHIVES.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. SOFTWAREARCHIVES.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. SOFTWAREARCHIVES.COM RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. SOFTWAREARCHIVES.COM MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. SOFTWAREARCHIVES.COM IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER SOFTWAREARCHIVES.COM NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST SOFTWAREARCHIVES.COM FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
This Agreement will be governed by and construed in accordance with the laws of the State of California .
These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. SoftwareArchives.com shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
Direct Questions or Notices to SoftwareArchives.com as follows:
Attn: Marketing Director
PO Box 2160
North Hills , CA 91393