Terms of Use Agreement

This is an Agreement between you and Software Commercials, Inc., and this Agreement governs both your legal rights with regards to Software Commercials, Inc. the business as well as your use of our Website, www.SoftwareCommercials.com.  You explicitly and implicitly agree to be bound by the provisions of this Agreement each time you access our Website, regardless of how you use our Website.  If you do not wish to be bound by this Agreement, please do not use or access our Website

We may amend this Agreement at any time by posting the amended terms on our Website.  We may post notices about such changes on our Website when they occur.   Any changes to this Agreement become effective at the time as specified in the notice.

Our Service

Software Commercials, Inc. provides a service (Service) through which our Visitors (non-member users of our Website) may download software, training videos, and related content and Members (users who have registered with our Website) may upload software, videos, and related content.   Our Service is based upon the use of our Website as well as other Internet technologies we may employ, including, but not limited to, messaging services, videos, message boards, and blogging.

Limited License

Software Commercials, Inc. grants you a non-exclusive, non-transferable, revocable license to access and use our Website, its content, and for Members, our Service, strictly in accordance with this Agreement.  In return for this license, you agree to wholly abide by all terms of this Agreement, of which the violation of any is grounds for the immediate termination of your Member account without notice as well as for subjecting you to possible civil and criminal action.

Our Website Content

You understand and agree that our Website, its content, and related technologies are protected by United States Copyright Law and as such, you will not attempt to reverse engineer or otherwise copy our Website, its content, and related technologies other than is necessary for its intended use.  Any violation of this provision is grounds for subjecting you to civil and criminal action under current United States Copyright Law.  You understand and agree that Software Commercials, Inc. and other product and company names mentioned on our Website may be trademarks/service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any product or service in any manner which violates United States Trademark Law.  If you see any content on our Website that you believe violates United States Copyright or Trademark Law, please notify us immediately.

Account Registration

Software Commercials, Inc. allows for our Website to be used as a “Visitor” (a general user of our Website where no registration is required) or as a “Member” (you have registered with our Website).  By using our Website as a Visitor, you represent that you are of legal age to acquire the content you are seeking through our Website.  By registering as a Member, you are legally representing that to the best of your knowledge and belief, your registration information is truthful, accurate, and complete.

As a Member, you will choose your user name and password.  You understand and agree that you are responsible for maintaining the secrecy of your password and are fully responsible for activities occurring under your account.  You should change your password promptly and notify us if you believe that others are accessing your account.  To protect yourself and Software Commercials, Inc., you understand and agree that you will not loan your user name and password to others. 

Right to Refuse Membership

Software Commercials, Inc. has sole discretion in determining whether to accept a Member to our Website and may refuse membership to our Website to anyone without the need to provide explanation.  Software Commercials, Inc. has no liability whatsoever for such refusal.

No Liability for Access by Minors

Software Commercials, Inc. is not responsible for determining the age of its users and has no liability whatsoever should a minor use our Website but would otherwise be prohibited due to the minor’s age.

General Content Disclaimer

The opinions and expressed on our Website and Service are strictly those of the person who gave them and are no way endorsed or otherwise supported by Software Commercials, Inc., other than that they appear on our Website.  You understand and agree that you rely upon any content found on our Website solely at your own risk.  Individual content provided by the Members (Member Content) represents their own ideas and positions.  We may, though we are not obligated to do so, edit or remove Member Content to conform to our guidelines or that is abrasive, inflammatory, or violates state or federal laws.  Regardless of the basis of the modification or removal, Software Commercials, Inc. is not liable for Member Content in any way.

Our Website Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date, and similar to any printed materials, it may become out-of-date.

Liability Disclaimer

Software Commercials, Inc. is not responsible or liable in any manner for any content on our Website, including, but not limited to, factual information, 3^rd party applications, software, viruses, etc. as found on our Website or in Member Content.  Although we provide rules for user conduct and postings, we do not control nor are not responsible for what users post, transmit or share on our Website.  Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website.  Software Commercials, Inc. is not responsible for the conduct, whether online or offline, of any user of the Website or Service.

Software Commercials, Inc. may be temporarily unavailable from time to time for maintenance or other reasons.  Software Commercials, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.  Software Commercials, Inc. is not responsible for any technical malfunction in your use of our Website, including, but not limited to, problems with using the Website/Service, loss of personal content on our Website, and lost or undeliverable email.  Under no circumstances will the Software Commercials, Inc. be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Website or Service, or any interactions between users of our Website, whether online or offline.

THE INFORMATION, CONTENT, SOFTWARE, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION, CONTENT, SOFTWARE, AND DOCUMENTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  SOFTWARE COMMERCIALS, INC. AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. SOFTWARE COMMERCIALS, INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE AND SERVICE.  SOFTWARE COMMERCIALS, INC. DOES NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT, SOFTWARE, AND DOCUMENTS AS ACCESSED FROM OUR WEBSITE AND SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH INFORMATION, CONTENT, SOFTWARE, AND DOCUMENTS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.  WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN INFORMATION, CONTENT, SOFTWARE, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE OR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

SOFTWARE COMMERCIALS, INC. AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.  OUR WEBSITE AND SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

IN NO EVENT WILL SOFTWARE COMMERCIALS, INC. OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE OR SERVICE, EVEN IF THE SOFTWARE COMMERCIALS, INC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SOFTWARE COMMERCIALS, INC. TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.

Waiver of Liability for Links to Other Websites

Our Website may contain links to other websites.  You understand that the website may have its own legal documents to which you must agree to use the website.  We have no control over these legal documents nor do we control the operation and/or content of such websites.  You understand that it is your responsibility to verify your legal use of any website as well as use of information from such a website with its owner.  You agree that Software Commercials, Inc. is in no way liable for any damage claim regarding your use of such a website, including, but not limited to, reliance on or use of the information on the website to which you link to from our Website.

Message Boards, Blogs, and Other Public Forums

Software Commercials, Inc. may offers technologies that allow Members to interact with message boards, blogs, and other public forums.  You understand that Members decide what content to make available to others and that such content is in no way controlled by the Software Commercials, Inc., nor are we liable for it, nor is any content made public protected by our Privacy Policy.  As a Member, you also understand that you are responsible for complying with all applicable federal and state laws regarding such content, including, but not limited to, copyright and trademark laws.

Advertisers, User Contributions, Testimonials and Opinions

You understand that our Website and any newsletters or emails you may receive from Software Commercials, Inc. or our affiliates may include advertisements, user-contributed materials, testimonials and opinions from other individuals, including, but not limited to, users of our Website, manufacturers and service providers, and other industry professionals.  You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Service.  Furthermore, you understand and agree that Software Commercials, Inc. is no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.

Rules of Conduct While Using Our Website

As a user of our Website, you understand that content posted by our Members is the sole responsibility of the Member from which such content originated.  This is true for both publicly and privately transmitted content.  Members agree that they are solely responsible for all content that they upload, post, or otherwise transmit via the Service.  Software Commercials, Inc. does not endorse any opinions or advice expressed by any Member or other users of the Service.  We do not have any obligation to monitor, nor do we take responsibility for, your information, public information or information posted by other users.

As a user of our Website, you understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable.  Software Commercials, Inc. has no control over Member Content posted on our Website, and does not in any way guarantee the quality, accuracy or integrity of the content.  Software Commercials, Inc. is not responsible for the monitoring or filtering of any content.  Should any content be deemed illegal by such law having jurisdiction over the user, Software Commercials, Inc. will cooperate with authorities and submit all necessary information to them.

If any of your content as a Member is reported to Software Commercials, Inc. as being offensive or appropriate, we may ask you to retract or modify the questionable content within 24 hours of being notified.  Should you fail to meet such a request, Software Commercials, Inc. has the sole discretion to immediately terminate your membership without notification.  Software Commercials, Inc. also has sole discretion to prohibit you from rejoining our Website again.

You acknowledge that Software Commercials, Inc. does not pre-screen our Website content.  However, we have sole discretion, though we are under no obligation to do so, to refuse any content to be made available through the Service.  As such, Software Commercials, Inc. also has the sole discretion to remove any content that violates this Agreement, our Privacy Policy, or that is otherwise objectionable.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Software Commercials, Inc. has adopted a policy of terminating or restricting the functionality of Members, who as determined by the appropriate circumstances and at our sole discretion, are deemed to be copyright infringers, repeat or otherwise.

You understand that you are solely responsible for your interactions with other users our Website, be they Members or Visitors.  Software Commercials, Inc. reserves the right to monitor disputes between you and other users, as brought to our attention, but you understand that we are in no way obligated to do so.

Finally, all users of our Website understand and agree to the following rules of conduct while using our Website, of which Software Commercials, Inc. has sole discretion in determining whether you have violated such rules:

A.  You agree to use our Website, its content, and our Service solely for the purposes expressed in this User Agreement.

1. You agree to not in any way attempt to use any method to gain unauthorized access to any paid features of our Website.

C.  You agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of our Website, its content, and our Service, unless otherwise allowed by this User Agreement.

1. You agree to not use our Website or any content obtained from it to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
2. You agree to not upload, post, or otherwise transmit any content to Software Commercials, Inc., our affiliates, our Website, or our Visitors and Members:
   1. That is unlawful, harmful, threatening, defamatory, vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, harms minors, or is ethically or otherwise objectionable.
   2. That you do not have a right to transmit under any law or under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
   3. That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.  You upload, post, or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
   4. That interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service.
   5. That intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
   6. That collects or stores personal data about other users, through programmatic or any other means.
   7. That promotes or provides instructional information about illegal activities; promotes hate, physical harm or injury against any group or individual; or promotes any act of cruelty to animals.  This may include, but is not limited to offers of prostitution, the illegal sale of firearms, instructions on how to commit crimes, selling alcohol to minors, etc.
   8. That is in any way considered unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
   9. That makes publicly available on our Website, any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
   10. That, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose Software Commercials, Inc. and its users to any harm or liability.
3. You agree to not use automated scripts to collect information from or otherwise interact with the Service or our Website.

G. You agree to not use our Website or Service to “stalk” or otherwise harass another person, whether they are a user of our Website or not.

1. You agree to not harvest or collect email addresses or other contact information from users of our Website and Service for the purposes of sending unsolicited emails or other unsolicited communications.
2. For Members, you agree that any links you provide in Member Content that you post on our Website conforms to the terms of our User Agreement.
3. For Members, you agree that while we do not claim ownership in any of your Member Content, when you post content through our Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on our Website.  Also, by doing this, you also automatically grant, and warrant that you have the right to grant, to the Software Commercials, Inc. an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), modify, and distribute such content for any purpose on or in connection with our Website, our Service, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.
4. For Members, you agree that your interaction with our Website and use of our Services in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Software Commercials, Inc. and you.
5. For Members, you agree to provide us with a valid, current email address, both at the time of registration with us, and to update us from time to time when your email changes.

M. For Members, you agree to not use any printed or electronic copy of any part of our Website or its content in any litigation or arbitration matter whatsoever.

1. For Members, you agree to not attempt to use another Member’s account without direct authorization from Software Commercials, Inc.

O. For Members, you agree to not register for more than one Member account, register for a Member account on behalf of an individual other than yourself, or register for a Member account on behalf of any group or entity without direct authorization from Software Commercials, Inc.

Indemnification

You agree to indemnify Software Commercials, Inc. and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or the use of our Website our Service.

Release of Personal Information

As stated in our Privacy Policy, Software Commercials, Inc. is committed to your privacy and will not share your personal information with anyone.  However, you understand and agree that Software Commercials, Inc. may release user information about you if required by law or subpoena, or if such release of the information is necessary to address unlawful or harmful activity.

Termination/Cancellation of Your Account

For Members, you understand and agree that if you violate any provision of this Agreement, Software Commercials, Inc. may, solely at its discretion, terminate your account.  In most cases, if Software Commercials, Inc. does terminate your account, we will send you an email stating that your account is being terminated and why it is being terminated to the email address you have listed in your account profile.  However, as explained above, there are several circumstances where you may not receive any notice due to the egregiousness of your actions.

Should you voluntarily wish to cancel your account, you understand and agree that when you cancel your account with our Service, you are automatically locked out of the Website and your access to it is immediately terminated, though you may continue to access our Website as a Visitor.  You also understand and agree that you will lose your profile, Member Content, and or other membership information that you have on file at that time and that this information cannot be reclaimed or transferred to another account.

Arbitration of Disputes

If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with our Website, our Service, or directly with Software Commercials, Inc., you agree to resolve any such dispute or damage claim by arbitration.  The arbitration proceeding shall be conducted in Los Angeles, California, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Software Commercials, Inc.  If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators.  The laws of the State of California shall apply to the arbitration proceedings.  You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

General Information

You agree that the laws of the State of California, USA, govern this Agreement and your use of this Website. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Los Angeles, California, USA, in all disputes (a) arising out of, relating to or concerning this Website and/or this Agreement, (b) in which this Website and/or this Agreement is an issue or a material fact, or (c) in which this Website and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Website is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Software Commercials, Inc. has endeavored to comply with all legal requirements known to it in creating and maintaining our Website and Service but we make no representation that any content available on our Website and Service is appropriate or available for use in any particular jurisdiction.  Use of this Website or Service is unauthorized in any jurisdiction where all or any portion of our Website or Service may violate any legal requirements and you agree not to access our Website or Service in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.

This Agreement constitutes the entire agreement between you and Software Commercials, Inc. with respect to our Website and Service. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Software Commercials, Inc. with respect to and Website and Service.  No modification of this Agreement shall be effective unless it is authored by Software Commercials, Inc. or its affiliates, or unless it is physically signed by a Software Commercials, Inc. officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.  A printed version of this Agreement and/or of any notice given by Software Commercials, Inc. in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of our Website or Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Software Commercials, Inc. in printed form.

Questions About This User Agreement

If you have a question about this User Agreement, please contact us.