If you have arrived at this screen, you have asked to use one of the free services offered by Pacific Software Publishing, Inc., a Washington corporation ("PSP" or "we"). Contact information for PSP is as follows:
These services (collectively referred to in these terms as the "Services") include, but are not necessarily limited to, the Services offered at the following websites:
By using these Services, you are agreeing to these terms. Please read the terms carefully before you click on the "Accept" button that allows you access to the Services. You may also be asked to accept additional terms or conditions that relate to individual Services, when you arrive at the relevant websites.
Individual Services and websites may set forth policies for use. You must abide by those policies as well as these terms and conditions.
Most importantly, please don't misuse our Services in any way. For example, you may not try to interfere with our Services, try to block others from using them, or try to access them using a method other than what PSP has provided. You may not use our Services to violate any law, or in a way that would violate any law. If you do violate these terms or any law, or if we suspect such a violation, we may immediately cut off your access to Services.
Some Services may display content that is owned by others. PSP accepts no responsibility for any of that content. If anyone has responsibility for the content, it is the entity that made it available. Even though we sometimes review content for compliance with law or our policies and rules, we do not always do so. Do not assume any content has been vetted for accuracy, legal compliance, reliability, or any other feature.
We sometimes send service announcements, administrative messages, and other information to users of our Services. If you want to opt out of some of those communications, you may do so.
If you are using our Services on behalf of a business or as an agent for somebody else, that business or principal accepts these terms as well. Further, if the Services are used by any business, that business agrees (by accepting these terms) to protect and defend PSP and its affiliates and providers of content from any claims, liabilities, expenses, and actions of any kind arising from or related to the use of the Services or violation of these terms.
We retain all copyrights, trademarks, patents, and other intellectual property relating to our Services and content. Using our Services does not give you ownership of any of these intellectual property rights, including any right to use any trade name, trade dress, brand, or logo that belongs to us or to any content provider. You may not use content offered in any of our Services unless you obtain permission from PSP (or any other owner of the content). You also may not remove, obscure, or alter any legal notices displayed in or as part of our Services. If we learn that you have infringed any of our intellectual property or violated our rights, we may terminate your account or take other legal action, including action under the U.S. Digital Millennium Copyright Act. We expressly reserve all rights and remedies.
PSP maintains privacy policies that dictate how we treat your personal data and your privacy when you use our Services. By using our Services, you are agreeing that we may use your data in accordance with our privacy policies.
If you think somebody is violating your intellectual property in connection with the Services, you may notify us. We do not guarantee that we will take any action to stop these third parties over whom we have no control, but we will generally cooperate with your efforts to stop them (at no material cost to us).
Some of our Services allow you to submit your own content. We do not claim ownership of any of your content, and we are not responsible for preserving or protecting your content. Just because you are allowed to upload the content does not mean it is proper or legal. You are solely responsible for determining whether your content complies with these rules and the law.
If you upload or submit content to or through our Services, you are giving us and those we work with a worldwide license to use the content. This license continues even if you stop using our Services. For example, we may store, reproduce and change the content, and also create derivative works (such as translations, adaptations or other changes to allow your content to work with our Services). We may communicate, publish, publicly perform, publicly display and distribute such content using our Services and other means of communication. We will use these rights for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. If you submit content to or through our Services, you must be certain you are not violating the rights of others, and that you have the right to grant this license. We do not independently verify your compliance.
PSP gives you a personal, non-assignable and non-exclusive license to use any software provided by PSP as part of the Services. The sole purpose of the license is to allow you to enjoy the Services in accordance with these terms. You are not allowed to copy, change, distribute, sell, or use any software or other part of our Services except as specifically allowed in accordance with the particular Service. You may not reverse engineer any Services or attempt to extract the source code of any software, unless we have given you permission, in writing. If open source software is used in our Services, a notice to that effect will appear in the Service information, and you may use the software as indicated in that notice. Again, we reserve all rights in our software.
If a Service includes downloadable software, we may (or may not) update the software automatically on your device. By accepting these terms, you allow us to update the software on your device as we consider appropriate.
Some Services may require you to have a PSP Account. In that event, you will be required to comply with the terms and conditions related to your account as well as these terms. If you learn of any unauthorized use of your PSP account, please contact us.
We may add or remove features and functionalities of our Services at any time, and without notice. There is no guarantee that any particular feature will continue in its current form, or that you will be able to continue using any Service in its current form. If we intend to make a change to a Service that may compromise your data, we will use reasonable efforts to notify users of the change. We do not guarantee any such notice.
You can stop using our Services whenever you like, and you may restart using Services, subject to these terms and conditions as they may change from time to time. PSP may also stop providing Services to you, or add or create new limits to our Services, at any time. There is no guarantee that Services will continue in their current form, or in any form, indefinitely or for any particular period of time.
The only thing we promise about our Services is that we will use a commercially reasonable level of skill and care in developing them. We make no other promise, warranty, or representation of any kind. The following are some things that we specifically do not promise about, and specific limitations in connection with, our Services:
FIRST, OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER PSP NOR ANY AFFILIATE OR PROVIDER OF CONTENT MAKES ANY SPECIFIC PROMISES ABOUT THE SERVICES. WITHOUT LIMITING THAT STATEMENT, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, WHETHER ANY SERVICES WILL BE APPROPRIATE FOR YOUR SPECIFIC NEED, WHETHER ANY SERVICES WILL BE RELIABLE OR WILL CONTINUE, OR HOW THESE SERVICES COMPARE TO SERVICES PROVIDED BY OTHERS. WE PROVIDE THE SERVICES STRICTLY "AS IS," "WITH ALL FAULTS," AND WITHOUT WARRANTY.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE ALSO DISCLAIM ANY IMPLIED WARRANTY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IF THIS DISCLAIMER IS PROHIBITED BY THE LAWS OF ANY JURISDICTION IN WHICH THE SERVICES ARE USED, THEN THIS DISCLAIMER SHALL BE INAPPLICABLE ONLY IN THAT JURISDICTION.
SECOND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, PSP AND ITS AFFILIATES AND CONTENT PROVIDERS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. BY ACCEPTING THESE TERMS, YOU SPECIFICALLY WAIVE ALL CLAIMS FOR SUCH DAMAGES AGAINST PSP AND ITS CONTENT PROVIDERS.
THIRD, IF PSP IS ULTIMATELY FOUND TO BE LIABLE TO ANY USER OF SERVICES, THE TOTAL, CUMULATIVE LIABILITY OF PSP AND ITS AFFILIATES AND CONTENT PROVIDERS FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (IF ANY). IN LIEU OF PAYING SUCH DAMAGES, PSP MAY DECIDE TO PROVIDE THE SERVICES AGAIN IN A MANNER THAT WOULD NOT SUPPORT THE CLAIM OR LIABILITY. UNDER NO CIRCUMSTANCE WILL PSP OR ANY AFFILIATE OR CONTENT PROVIDER BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
We may modify these terms at any time, or provide new terms for any or all Services. We encourage you to review these terms (and the terms applicable to any specific Services) periodically and regularly. Changes to terms will apply only to uses of Services after the stated effective date of the change. If at any time you do not agree to any terms or conditions, including modifications to terms or conditions, you should immediately refrain from using, or discontinue use of, the Services. These terms and conditions may not be modified without the express consent of PSP.
If there is a conflict between these terms and any specific terms applicable to a specific Service, the specific terms shall control for that conflict. These terms control the relationship between PSP and you. They do not create rights in favor of any other party. Although these terms sometimes refer to protections for content providers, PSP does not undertake to enforce them in favor of any content provider.
If you do not comply with these terms, and we don't detect the violation right away, or if we learn of the violation but don't take action right away to stop it, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable under governing law, it will still be enforced to the full extent permitted. Also, the unenforceability will not affect any other terms; rather, all of the terms will be enforced to the full extent possible under applicable law.
PSP provides the Services in and from the state of Washington, USA. Any dispute concerning these terms and conditions or the use or provision of Services, shall be governed by the internal laws of Washington, exclusive of Washington's conflict of laws rules. In the event of any legal action concerning the interpretation or enforcement of these terms and conditions, exclusive venue of such action shall be in the state and federal courts of King County, Washington. By accepting the Services, you consent to personal jurisdiction in those courts.