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PREM1ON Software Directory - Terms and Conditions
General Terms of Use
Site Terms of Use
Your use of Prem1on.com or any of the products or services offered on this site (collectively, the "Services") is subject to these Terms. We may modify these Terms at any time without notice to you by posting revised Terms on our site. Your use of our site constitutes your binding acceptance of these Terms, including any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those 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:
1. Restrict, suspend, or terminate your access to all or any part of our Services;
2. Change, suspend, or discontinue all or any part of our Services;
3. Refuse, move, or remove any material that you submit to our sites for any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our sites.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.
Content on our sites:
Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it.This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, white papers, and stock quotes. It also includes information about products and services offered by parties other than Prem1on.com, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Products and Services, third-party sites
Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Your conduct on our sites
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
he technology and the software underlying our sites and the Services is the property of Prem1on.com, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or 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 equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a Prem1on.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14. Engage in any illegal activities.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.
Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Prem1on.com for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.
Indemnification
You hereby agree to indemnify, defend and hold Prem1on.com and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Prem1on.com Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Prem1on.com Party in connection 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:
1. Your use of our sites;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, the quality, or the performance of content that you 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.
Submission Guidelines
Who can submit software products?
The company you are submitting your software products for must be the original author and/or owner of all copyrights to the software that you are submitting.
PREM1ON HAS A ZERO-TOLERANCE POLICY FOR ADWARE, SPYWARE, MALWARE, VIRUSSES AND OTHER MALICIOUS SOFTWARE SUBMISSIONS! We also won’t list and will remove/ban software with third party advertising/tracking components. ALL THIS MALICIOUS SOFTWARE WILL BE REMOVED, AND THE AUTHOR WILL BE BANNED PERMANENTLY and put on many blacklists.
Prem1on open submission system
We understand the risk of allowing software to be listed without having it tested by reviewers first.
However, we have a real-time reporting and response system is real-time to cope with malicious software.
If a product is has been reported as malicious, our team will review and test it, and is able to remove or ban it if necessary.
The benefits of such an "open" system are obvious: your products are listed the moment you submit them, not after months of queuing.
The small percentage of malicious software should not delay the listing of your quality products!
Acceptable Adware/Browser Toolbars
A limited number of adware applications that won't contain tracking components or backdoor advertising methods/popups, or malicious browser modifications will be allowed. These programs are "Ad-Supported" and merely contain a banner or textual ad display. Sometimes they offer to install a browser toolbar sponsored by companies like Google/Yahoo/Ask/Yahoo, these can be accepted.
Some Freeware products include the offer to install these third party browser toolbars.
These products are "Ad supporting" but are not malicious adware or spyware.
During installation of these products you will have the option to "skip" the toolbar installation.
Therefore toolbar installation must be fully disclosed and optional!(you can uninstall at any time without removing the software it came with
Software Submissions
Prem1on Software Directory Agreement for Software Submission
This is a standard agreement, that makes sure that you are owner of all intellectual rights of the software and are authorized to allow us to distribute the product.
It does not give us any rights, other than distributing the files that you submit.
AGREEMENT. In this Registration Agreement ("Agreement"), "you" and "your" refer to the signatory to this Agreement and the author of the software (the "Software"), "we", us" and "our" refer to Prem1on Software Directory. ("Prem1on Software Directory") and "Services" refers to Prem1on's agreement to post your Software on its website through the Prem1on Developer's Center. In addition to the foregoing, Prem1on may elect, at its sole discretion, to post your Software on its co-branded sites and/or to promote the Software on its Web site(s) or any other form of media.
WE DO NOT ACCEPT RESELLER-VERSION, CO-BRANDED VERSIONS OR CLONES OF AN ORIGINAL PRODUCTS.
ONLY ORIGINAL AUTHORS AND/OR OWNER OF ALL COPYRIGHTS OF THE PRODUCTS ARE ALLOWED TO SUBMIT IT.
PREM1ON HAS A ZERO-TOLERANCE POLICY FOR ADWARE, SPYWARE, MALWARE, VIRUSSES AND OTHER MALICIOUS SOFTWARE SUBMISSIONS! MALICIOUS SOFTWARE WILL BE REMOVED, AND THE AUTHOR WILL BE BANNED PERMANENTLY.
COPYRIGHT. You warrant and represent that you are the sole author of the Software; that you are the sole owner of the copyright and of all rights in and to the Software; that you have not previously assigned, pledged or otherwise encumbered the Software; that you have the full power to enter into this Agreement and to grant the rights herein granted. You further represent that the Software is original or is in the public domain; that it does not violate any right of privacy or publicity; that it is not libelous or obscene; that it does not infringe upon any statutory or common-law copyright or trademark or violate any other right of any other person. In the event of any claim, action or proceeding based on an alleged violation of any of the foregoing warranties and representations, you agree that you shall indemnify and hold harmless Prem1on., its parent and affiliates against any loss, cost and expense (including reasonable counsel fees). These warranties, representations and indemnities shall survive the termination of this Agreement.
TERM. You agree that this Agreement will remain in full force so long as your Software is posted on the Prem1on website.
MODIFICATIONS TO AGREEMENT. You agree that we may: (a) revise the terms and conditions of this Agreement; and (b) change the Services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the Service(s) on our website. You agree to review our website, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in Service(s), you shall abide by any such revisions or changes.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your Account Information, you must use your Account Identifier and Password. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our Services and those of our Service partners. These announcements will be predominately informative in nature and may include notices describing changes,upgrades, new products or other information to add security or to enhance your identity on the Internet.
LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
We disclaim any and all loss or liability resulting from, but not limited to:
loss or liability resulting from access delays or access interruptions
loss or liability resulting from data non-delivery or data misdelivery
loss or liability resulting from Acts of God
loss or liability resulting from the unauthorized use or misuse of your account identifier or password
loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement
loss or liability resulting from the interruption of your Service
You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
INDEMNITY. You agree to release, indemnify, and hold Prem1on, its contractors, our agents, employees, officers, directors, affiliates harmless from all liabilities, claims and expenses (including reasonable counsel fees).
DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of a Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you. We reserve the right to immediately terminate this Agreement and to remove your Software from our website(s) and/or our co-branded websites in the event that we receive any allegations regarding the validity of your intellectual property rights in and to the Software.
SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. In the case of e-mail, notification shall be sent to support@prem1on.com. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day.
ENTIRETY. You agree that this Agreement, the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.
INFANCY. You attest that you are of legal age to enter into this Agreement.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Email & Privacy
Privacy Policy
Your privacy is important to us. To explain how we protect your privacy, we provide this notice of how information is collected and used on this site. This notice applies to all information that we collect or you submit on www.prem1on.com.
If you are a visitor:
* Personal Information We do not collect any personal information about you unless you register as a member or place an order.
* Cookies We use cookies that do NOT contain any personally identifiable information. The cookies are used for simple control of the site's design, for instance, to prevent showing again an offer that you have closed.
* Session Cookies In some areas, we may use session cookies that have no personal, identifiable information about you. Session cookies are used only for the purpose of helping your navigation. Session cookies expire when you leave the site or close your browser.
* Logs All sites have logs that record technical information. We use our logs only for the administration of the site. Logs do not contain any personally identifiable information.
If you are a registered member:
* Personal Information --- We collect information such as your name, email, and a user name.
* Privacy --- We do not sell or disclose your information to any other party.
* Use of Information --- We use your information solely for the administration of your membership on the site.
* Cookies--- We use cookies that do NOT contain any personally identifiable information. Cookies keep your preferences, for example, they keep your encrypted log-on information if you choose to have it kept.
* Session Cookies--- We use session cookies that have no personal, identifiable information about you. Session cookies are used only for the purpose of keeping you logged on and helping your navigation. Session cookies expire when you leave the site or close your browser.
If you place an order:
* Personal Information--- We collect information such as your name, address, email, phone number, and payment details such as a credit card number.
* Privacy --- We do not sell or disclose your information to any party other than the payment processor, which you choose by your method of payment.
* Security --- Transactions are made only on an SSL (Secure Socket Layer) server with encrypted data. We never store your unencrypted payment details on the server. We have stringent physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
* Use of Information--- We use your information solely for processing your order.
* Cookies --- We use cookies that do NOT contain any personally identifiable information. Cookies keep your preferences, for example, they keep your encrypted log-on information if you choose to have it kept.
* Session Cookies We use session cookies that have no personal, identifiable information about you. Session cookies are used only for the purpose of proceeding through order pages. Session cookies expire when you leave the site or close your browser.
Children under 13:
* Personal Information We never knowingly collect any information from children under 13.
* Site design Our site is not designed to attract children under 13 or to induce them to provide information.
Errors, corrections, and recourse:
* Errors and corrections If there is an error in the personal information used for registering you as a member or placing your order, you can correct the error by contacting us with the accurate information.
* Recourse If you have reason to believe that any personal information has been misused, your recourse is to contact us by email:.............. so that we may eliminate the misuse immediately.
Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY 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.
All rights reserved, PREM1ON Software Directory
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