Welcome to the
DownloadMsnMessengerFree.com website (the "Site").
DownloadMsnMessengerFree.com is a 3rd party affiliate website
providing links to downloadable software provider websites for
convenience only. Actual product availability and quantity may change
depending on service provider updates. The site and any products
and/or services that you may receive from one of our service provider
partners are provided to you on an ?AS IS? and ?AS AVAILABLE? basis,
and all warranties, expressed and implied, are disclaimed to the
fullest extent permissible pursuant to applicable law (including, but
not limited to, the disclaimer of any warranties of merchantability,
non-infringement of intellectual property and/or fitness for a
particular purpose). DownloadMsnMessengerFree.com makes no warranty
that the site and/or products and/or services, and service
compatibility provided by our recommended downloadable product
provider will meet your requirements. The images and screenshot from
service providers placed on the site are presented for convenient
identification purpose only. DownloadMsnMessengerFree.com is not
directly affiliated, endorsed, sponsored, authorized by, or
associated with the respected service provider.
By using
and/or accessing the Site, you are agreeing to comply with and be
bound by the following Terms and Conditions (the "Agreement").
Please review the following terms of this Agreement carefully. If you
do not agree to this Agreement in its entirety, you are not
authorized to use this Site in any manner or form.
1.
Acceptance of Agreement. You agree to the terms and conditions
outlined in this Agreement with respect to your use of the Site. This
Agreement, together with the Site Privacy Policy, constitute the
entire and only agreement between you and
DownloadMsnMessengerFree.com with respect to your use of the Site,
and supersede all prior or contemporaneous agreements,
representations, warranties and/or understandings with respect to the
Site. We may amend this Agreement from time to time in our sole
discretion, without specific notice to you. The latest Agreement will
be posted on the Site, and you should review this Agreement prior to
using the Site. By your continued use of the Site, you hereby agree
to all the terms and conditions contained within the Agreement
effective at that time. Therefore, you should regularly check this
page for updates and/or changes.
2. Requirements. The Site is
available only to individuals who can enter into legally binding
contracts under applicable law. The Site is not intended for use by
individuals under eighteen (18) years of age. If you are under
eighteen (18) years of age and/or not a citizen of the United States,
you do not have permission to use and/or access the Site.
3.
License Grant. As a user of this Site, you are granted a
non-exclusive, non-transferable, revocable and limited license to
access and use the Site and associated Site content in accordance
with this Agreement. DownloadMsnMessengerFree.com may terminate this
license at any time for any reason. You may use the Site on one
computer for your own personal, non-commercial use. No part of the
Site may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical. You may not
use, copy, emulate, clone, rent, lease, sell, modify, decompile,
disassemble, reverse engineer or transfer the Site, Site content or
any portion thereof. DownloadMsnMessengerFree.com reserves any rights
not explicitly granted in this Agreement. You may not use any device,
software or routine to interfere or attempt to interfere with the
proper working of the Site. You may not take any action that imposes
an unreasonable or disproportionately large load on
DownloadMsnMessengerFree.com infrastructure. Your right to use the
Site is not transferable.
4. Proprietary Rights. The content,
organization, graphics, design, compilation, magnetic translation,
digital conversion, software, services and other matters related to
the Site are protected under applicable copyrights, trademarks and
other proprietary (including, but not limited to, intellectual
property) rights. The copying, redistribution or publication by you
of any part of the Site is strictly prohibited. You do not acquire
ownership rights to any content, document, software, services or
other materials viewed at or through the Site. The posting of
information or material at the Site by DownloadMsnMessengerFree.com
does not constitute a waiver of any right in such information and/or
materials.
5. Editing, Deleting and Modification. We reserve
the right in our sole discretion to edit and/or delete any documents,
information or other content appearing on the Site.
6.
Indemnification. You agree to indemnify and hold
DownloadMsnMessengerFree.com, its parents, subsidiaries and
affiliates, and each of their respective members, officers,
directors, employees and agents, harmless from and against any and
all claims, expenses (including reasonable attorneys' fees, costs and
settlement costs), damages, suits, costs, demands and/or judgments
whatsoever, made by any third party due to or arising out of or in
connection with: (a) your use of the Site; (b) your breach of this
Agreement; (c) your violation of any rights of another individual
and/or entity; and/or (d) your use of any products and/or services
provided from an DownloadMsnMessengerFree.com Service Provider
Affiliate. The provisions of this paragraph are for the benefit of
DownloadMsnMessengerFree.com, its parent, subsidiaries and
affiliates, and each of their respective officers, directors,
employees, agents, shareholders, licensors, suppliers and attorneys.
Each of these individuals and entities shall have the right to assert
and enforce these provisions directly against you on its own
behalf.
7. Disclaimer of Warranties. THE SITE AND ANY PRODUCTS
AND/OR SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDER
AFFILIATES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR
FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, DownloadMsnMessengerFree.com MAKES NO WARRANTY
THAT: (A) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR
SERVICE PROVIDER AFFILIATES WILL MEET YOUR REQUIREMENTS: (B) THE SITE
AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER
AFFILIATES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE
ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE
UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
DownloadMsnMessengerFree.com, ONE OF ITS SERVICE PROVIDER AFFILIATES
OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT.
8. Limitation of Liability. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT DownloadMsnMessengerFree.com
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
DownloadMsnMessengerFree.com HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE
USE OR THE INABILITY TO USE AN DownloadMsnMessengerFree.com SERVICE
PROVIDER AFFILIATE PRODUCT AND/OR SERVICE; (B) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM
THE SITE, THE SERVICE PROVIDER AFFILIATE SITE, OR TRANSACTIONS
ENTERED INTO, THROUGH OR FROM THE SITE OR A SERVICE PROVIDER
AFFILIATE SITE; AND (C) ANY OTHER MATTER RELATING TO THE
DownloadMsnMessengerFree.com SERVICE AND/OR SITE. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT
LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE DownloadMsnMessengerFree.com FROM ANY AND ALL
OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION
STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION,
THE MAXIMUM LIABILITY OF DownloadMsnMessengerFree.com TO YOU UNDER
ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF
ANY, FOR DownloadMsnMessengerFree.com SERVICE PROVIDER AFFILIATE
PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE
DownloadMsnMessengerFree.com FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS
SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND
DownloadMsnMessengerFree.com. THIS SITE AND THE PRODUCTS AND SERVICES
AVAILABLE THOUGH USE OF THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT
SUCH LIMITATIONS.
9. Service Provider AffiliateWebsites. The
Site provides links to Service Provider Affiliate and other third
party Internet websites and/or resources. Because
DownloadMsnMessengerFree.com has no control over such websites and/or
resources, you hereby acknowledge and agree that
DownloadMsnMessengerFree.com is not responsible for the availability
of such websites and/or resources. Furthermore,
DownloadMsnMessengerFree.com does not endorse, and is not responsible
or liable for, any terms and conditions, privacy policies, content,
advertising, services, products and/or other materials at or
available from such Service Provider Affiliate and/or other third
party websites or resources, or for any damages and/or losses arising
therefrom.
10. Legal Warning. Any attempt by any individual,
whether or not an DownloadMsnMessengerFree.com customer, to damage,
destroy, tamper with, vandalize and/or otherwise interfere with the
operation of this Site, is a violation of criminal and civil law and
DownloadMsnMessengerFree.com will diligently pursue any and all
remedies in this regard against any offending individual or entity to
the fullest extent permissible at law and in equity.
11.
Miscellaneous. This Agreement shall be treated as though it were
executed and performed in Los Angeles, California and shall be
governed by and construed in accordance with the laws of the State of
California (without regard to its conflict of law principles). Should
a dispute arise concerning the terms and conditions of this
Agreement, or the breach of same by either party hereto, the parties
agree to submit their dispute for resolution by arbitration before
the American Arbitration Association in Los Angeles, in accordance
with the then current Commercial Arbitration Rules of the American
Arbitration Association. Any award rendered shall be final and
conclusive to the parties and a judgment thereon may be entered in
any court of competent jurisdiction. Nothing herein shall be
construed to preclude any party from seeking injunctive relief in
order to protect its rights pending an outcome in arbitration. Should
any part of this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable law and the
remaining portions shall remain in full force and effect. This
Agreement is personal between you and DownloadMsnMessengerFree.com
and governs your use of the Site and/or any
DownloadMsnMessengerFree.com service, superseding any and all prior
and/or contemporaneous agreements between you and
DownloadMsnMessengerFree.com. To the extent that anything in or
associated with the Site and/or any DownloadMsnMessengerFree.com
service is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision nor
of the right to enforce such provision. The parties do not intend
that any agency or partnership relationship be created through
operation of this Agreement.
AUTHORIZATION BY OBTAINING, OR
ATTEMPTING TO OBTAIN, SERVICES THROUGH USE OF THE
DownloadMsnMessengerFree.com SITE, YOU REPRESENT AND WARRANT THAT YOU
ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.