Culdebag Enterprises LLC © 2007
Downloads and Software
Dated: 6/19/2007
Downloads and Software
Dated: 6/19/2007
Disclaimer Policy
Downloads and Software.com
Owned and operated by Culdebag Enterprises LLC
Legal Note:
Every effort has been made to accurately represent our product and its potential. Please remember that each individual's success depends on his or her background, dedication, desire and motivation. As with any business endeavor, there is no certain guarantee that you will earn any money. Always perform full Due Diligence and see appropriate Professional advice when contemplating any business endeavor or investment opportunity.
Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet's vast array of information, tools, and opportunities with complete confidence. We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how our company collects information from all end users of our Internet services (the "Services")-those who access some of our Services but do not have accounts ("Visitors") as well as those who may purchase Products and/or pay a monthly service fee to subscribe to the Service ("Members")-what we do with the information we collect, and the choices Visitors and Members have concerning the collection and use of such information. We request that you read this Privacy Policy carefully.
You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.
Terms and Conditions:
Our website grants you non-exclusive limited license to the use of products sold through our website by Downloads and Software.com (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.
Legal Note:
Every effort has been made to accurately represent our product and its potential. Please remember that each individual's success depends on his or her background, dedication, desire and motivation. As with any business endeavor, there is no certain guarantee that you will earn any money. Always perform full Due Diligence and see appropriate Professional advice when contemplating any business endeavor or investment opportunity.
1. Limited usage granted: Your agreement grants you the right to the use of our product or products without any liability towards Downloads and Software.com
2. Unauthorized use: You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior consent. Please contact us if you require more clarification.
3. Delivery: After we have successfully received your payment, your information will be emailed to the email address you provided. This may take up to 1 hour but usually happens within minutes. If you do not receive an email after this time period, contact us through this website.
4. Ownership: You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Downloads and Software.com. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
5. Use of Content: You acknowledge that the site contains or may contain material (collectively the "Content") which is protected by copyright, trademark or other proprietary rights. You may not transfer or sell, reproduce, create derivative works from, distribute, or in any way exploit any of the Content, in whole or in part, except with an expressly permitted Agreement from the developer or unless otherwise stated with-in.
6. Refund Policy: Since Downloads and Software.com is offering non-tangible irrevocable goods we can only offer refunds when applicable. Please contact us if you need further clarification on our refund policy.
7. Warranty: Downloads and Software.com does not warranty or guarantee any product or products. It is the sole responsibility of the consumer for which it is intended for.
8. Support: Your emails will be answered within 24-48 hours. Our response is usually sooner though. You can contact us at support@downloadsandsoftware.com but we reserve the right to respond and answer questions.
9. Modifications: We reserve the right to change policy in our Terms and Conditions at any time.
Owned and operated by Culdebag Enterprises LLC
Legal Note:
Every effort has been made to accurately represent our product and its potential. Please remember that each individual's success depends on his or her background, dedication, desire and motivation. As with any business endeavor, there is no certain guarantee that you will earn any money. Always perform full Due Diligence and see appropriate Professional advice when contemplating any business endeavor or investment opportunity.
Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet's vast array of information, tools, and opportunities with complete confidence. We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how our company collects information from all end users of our Internet services (the "Services")-those who access some of our Services but do not have accounts ("Visitors") as well as those who may purchase Products and/or pay a monthly service fee to subscribe to the Service ("Members")-what we do with the information we collect, and the choices Visitors and Members have concerning the collection and use of such information. We request that you read this Privacy Policy carefully.
You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.
Terms and Conditions:
Our website grants you non-exclusive limited license to the use of products sold through our website by Downloads and Software.com (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.
Legal Note:
Every effort has been made to accurately represent our product and its potential. Please remember that each individual's success depends on his or her background, dedication, desire and motivation. As with any business endeavor, there is no certain guarantee that you will earn any money. Always perform full Due Diligence and see appropriate Professional advice when contemplating any business endeavor or investment opportunity.
1. Limited usage granted: Your agreement grants you the right to the use of our product or products without any liability towards Downloads and Software.com
2. Unauthorized use: You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior consent. Please contact us if you require more clarification.
3. Delivery: After we have successfully received your payment, your information will be emailed to the email address you provided. This may take up to 1 hour but usually happens within minutes. If you do not receive an email after this time period, contact us through this website.
4. Ownership: You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Downloads and Software.com. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
5. Use of Content: You acknowledge that the site contains or may contain material (collectively the "Content") which is protected by copyright, trademark or other proprietary rights. You may not transfer or sell, reproduce, create derivative works from, distribute, or in any way exploit any of the Content, in whole or in part, except with an expressly permitted Agreement from the developer or unless otherwise stated with-in.
6. Refund Policy: Since Downloads and Software.com is offering non-tangible irrevocable goods we can only offer refunds when applicable. Please contact us if you need further clarification on our refund policy.
7. Warranty: Downloads and Software.com does not warranty or guarantee any product or products. It is the sole responsibility of the consumer for which it is intended for.
8. Support: Your emails will be answered within 24-48 hours. Our response is usually sooner though. You can contact us at support@downloadsandsoftware.com but we reserve the right to respond and answer questions.
9. Modifications: We reserve the right to change policy in our Terms and Conditions at any time.
Dated: 6/19/2007
A Violation of any of the below Terms of Service will result in action by Culdebag Enterprises LLC up to and possibly including the termination of your account, with or without warning.
Culdebag Enterprises LLC is a private service which provides various software and promotion tools for the sole purpose of any internet marketer to build and promote the individual business. Culdebag Enterprises LLC reserves the right to cancel any account for any reason or no reason at all. Culdebag Enterprises LLC reserves the right to change the terms and conditions at any time. Culdebag Enterprises LLC users are entirely liable for all activities conducted through any account acquired with-in a website or other business associated with Culdebag Enterprises LLC.
The following rules apply while using Culdebag Enterprises LLC services:
- Pornographic, obscene, nude, graphically violent, and other inappropriate content is strictly prohibited.
- Offensive and indecent directory names are not allowed and will be blocked.
- Culdebag Enterprises LLC is not responsible for the content used or put forth by any member or customer related to any other businesses or websites. We reserve the right to remove anything deemed inappropriate that is in violation of our terms and conditions. Members will be held legally responsible for the use of any software or products including but not limited to use of copyrighted material without the permission of the author or posting material considered indecent for minors. The use of Culdebag Enterprises LLC for illegal purposes is strictly forbidden and any website found to be or believed to be, in Culdebag Enterprises LLC sole discretion, violating the law may be removed without notice. Culdebag Enterprises LLC and any business associated have the right to revoke any membership if any of the following activities occur:
- Adult or Pornographic related
- Hate, Bigotry, and/or Intolerance
- Warez or Software Piracy related
- Music Piracy Related
- Hacking Related
- Making available copyrighted software which has been "cracked" (e.g., copyright protection for the software has been removed)
- Making available serial numbers for software which can be used to illegally validate or register software.
- Making available tools which can be used for no purpose other than "cracking" software.
- Spamming to promote your website
- Anything related to illegal activity
- You and any person who has access to your account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Culdebag Enterprises LLC reserves the right to remove Content which is deemed in Culdebag Enterprises LLC sole discretion harmful, offensive, or otherwise in violation of the Rules or any rules or policies Culdebag Enterprises LLC has in place at the time.
- You or Culdebag Enterprises LLC may terminate your Account at any time for any reason. However, THE PURCHASES OF ANY “Culdebag Enterprises LLC” PRODUCTS ARE NON-REFUNDABLE. Even if you are no longer using the service, you may not request a refund of the total or partial amount of your membership. Culdebag Enterprises LLC provides you with the ability to create a completely free account that never expires. It is this account that allows you to test a product or use any service offered or represented and determines if Culdebag Enterprises LLC is going to work for you. Once you complete your purchase, you have acknowledged that it is in fact going to work for you. As a reminder to help you identify the charge, it will appear as “Culdebag Enterprises LLC” on your next credit card statement.
You agree to pay or have paid all fees and charges incurred in connection with the service (including any applicable taxes). All fees and charges are non-refundable. We may change the fees and charges in effect for using the service and may conduct changes on the site from time to time. You also are responsible for any fees or charges incurred to access the service through an Internet access provider or other third party service, including but not limited to telephone charges.
YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
- THE “Culdebag Enterprises LLC” SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, “Culdebag Enterprises LLC” DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
- Culdebag Enterprises LLC will not be liable for any of its services. We have the right to cancel our service at any time, and we will not be liable for any files that are lost and/or corrupted which may occur (including, for example, from a system crash, security breach, or hard disk failure). To the full extent permissible under the applicable law, Culdebag Enterprises LLC shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use Culdebag Enterprises LLC services. You agree, at your own expense, to indemnify, defend and hold harmless Culdebag Enterprises LLC and its affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these terms of use; (b) your infringement or violation of any intellectual property or other right of a third party; or (c) your violation of any applicable law.
- These terms of use shall be governed by and construed in accordance with the laws of the State of Idaho. Both parties submit to the personal jurisdiction in Idaho. These Terms of Use constitute the entire agreement between you and Culdebag Enterprises LLC with respect to the Service. You acknowledge and agree that you have read and understand the provisions of these terms of use. By using this site or any other site associated with Culdebag Enterprises LLC, you consent to the terms of use described herein, including any updates. Culdebag Enterprises LLC reserves the right to vary these terms of use from time to time and will update the “Effective Date” section above when such changes are made.
Abuse Policies
Internet Safety
Culdebag Enterprises LLC is dedicated to the millions of users who create or are affected by sites created using our services. The internet is a vast ocean of information that can be used to express ideas, interests, experiences, feelings and thoughts.
Culdebag Enterprises LLC is a powerful tool enabling our users to easily express these things. It is our goal to make this experience as enjoyable as possible in a clean and respectful environment. We hope that some of these resources will be found useful to you.
Culdebag Enterprises LLC Civil Subpoena Policy
Culdebag Enterprises LLC Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on any website associated or one of its affiliates.
If you seek the identity or account information of a Culdebag Enterprises LLC customer in connection with a civil legal matter, you must fax, mail, or serve Culdebag Enterprises LLC with a valid subpoena.
Submission of Subpoenas
Culdebag Enterprises LLC is headquartered in Culdesac, Idaho and all civil subpoenas should be served at that location or mailed to:
Compliance Department
Culdebag Enterprises LLC
807 Phinney
Culdesac, Idaho 83524
Alternatively, the civil subpoena can be faxed to:
(208) 843-2761
Attn: Compliance Department
Notice to Customer and Response Time
Upon the receipt of a valid civil subpoena, Culdebag Enterprises LLC will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Culdebag Enterprises LLC will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. Culdebag Enterprises LLC reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with Culdebag Enterprises LLC.
Fees for Subpoena Compliance
Culdebag Enterprises LLC will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Culdebag Enterprises LLC invoice. Checks should be made out to Culdebag Enterprises LLC.
Culdebag Enterprises LLC subpoena compliance costs are as follows:
Research - $75.00/hour
Federal Express - Cost as Billed
Copies - $.25/page
Policies Regarding E-mail
Culdebag Enterprises LLC will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances.
Culdebag Enterprises LLC reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how any e-mail address is related to the pending litigation and the underlying subpoena.
Spam Violations
Although Culdebag Enterprises LLC is not an email service provider, we are aware of the growing problem that spam has become on the internet. We are strictly against all spam activity, including mass Emailing, multiple Emailing, multiple posts or mass posting into forums, and flooding of forums or chatrooms with the intent of promoting a site.
To better understand how to define spam, or to report spam activity, please refer to these third-party links:
SpamCop.net
SpamAbuse.net
JunkEmail.org
CAUCE
For Culdebag Enterprises LLC to take the proper steps to monitor the spamming activity of our users, we require proper verification of this activity. For proper verification, please report the activity to one of the above sites, and to the Email Service provider from which the spam is coming. First time violators will be warned of the activity. Repeat verified violators will have their sites removed from our system.
These terms can and will be updated when deemed necessary. All customers and members will abide with these terms after update has been made to either the privacy terms or terms of service!
Culdebag Enterprises LLC is a private service which provides various software and promotion tools for the sole purpose of any internet marketer to build and promote the individual business. Culdebag Enterprises LLC reserves the right to cancel any account for any reason or no reason at all. Culdebag Enterprises LLC reserves the right to change the terms and conditions at any time. Culdebag Enterprises LLC users are entirely liable for all activities conducted through any account acquired with-in a website or other business associated with Culdebag Enterprises LLC.
The following rules apply while using Culdebag Enterprises LLC services:
- Pornographic, obscene, nude, graphically violent, and other inappropriate content is strictly prohibited.
- Offensive and indecent directory names are not allowed and will be blocked.
- Culdebag Enterprises LLC is not responsible for the content used or put forth by any member or customer related to any other businesses or websites. We reserve the right to remove anything deemed inappropriate that is in violation of our terms and conditions. Members will be held legally responsible for the use of any software or products including but not limited to use of copyrighted material without the permission of the author or posting material considered indecent for minors. The use of Culdebag Enterprises LLC for illegal purposes is strictly forbidden and any website found to be or believed to be, in Culdebag Enterprises LLC sole discretion, violating the law may be removed without notice. Culdebag Enterprises LLC and any business associated have the right to revoke any membership if any of the following activities occur:
- Adult or Pornographic related
- Hate, Bigotry, and/or Intolerance
- Warez or Software Piracy related
- Music Piracy Related
- Hacking Related
- Making available copyrighted software which has been "cracked" (e.g., copyright protection for the software has been removed)
- Making available serial numbers for software which can be used to illegally validate or register software.
- Making available tools which can be used for no purpose other than "cracking" software.
- Spamming to promote your website
- Anything related to illegal activity
- You and any person who has access to your account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Culdebag Enterprises LLC reserves the right to remove Content which is deemed in Culdebag Enterprises LLC sole discretion harmful, offensive, or otherwise in violation of the Rules or any rules or policies Culdebag Enterprises LLC has in place at the time.
- You or Culdebag Enterprises LLC may terminate your Account at any time for any reason. However, THE PURCHASES OF ANY “Culdebag Enterprises LLC” PRODUCTS ARE NON-REFUNDABLE. Even if you are no longer using the service, you may not request a refund of the total or partial amount of your membership. Culdebag Enterprises LLC provides you with the ability to create a completely free account that never expires. It is this account that allows you to test a product or use any service offered or represented and determines if Culdebag Enterprises LLC is going to work for you. Once you complete your purchase, you have acknowledged that it is in fact going to work for you. As a reminder to help you identify the charge, it will appear as “Culdebag Enterprises LLC” on your next credit card statement.
You agree to pay or have paid all fees and charges incurred in connection with the service (including any applicable taxes). All fees and charges are non-refundable. We may change the fees and charges in effect for using the service and may conduct changes on the site from time to time. You also are responsible for any fees or charges incurred to access the service through an Internet access provider or other third party service, including but not limited to telephone charges.
YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
- THE “Culdebag Enterprises LLC” SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, “Culdebag Enterprises LLC” DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
- Culdebag Enterprises LLC will not be liable for any of its services. We have the right to cancel our service at any time, and we will not be liable for any files that are lost and/or corrupted which may occur (including, for example, from a system crash, security breach, or hard disk failure). To the full extent permissible under the applicable law, Culdebag Enterprises LLC shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use Culdebag Enterprises LLC services. You agree, at your own expense, to indemnify, defend and hold harmless Culdebag Enterprises LLC and its affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these terms of use; (b) your infringement or violation of any intellectual property or other right of a third party; or (c) your violation of any applicable law.
- These terms of use shall be governed by and construed in accordance with the laws of the State of Idaho. Both parties submit to the personal jurisdiction in Idaho. These Terms of Use constitute the entire agreement between you and Culdebag Enterprises LLC with respect to the Service. You acknowledge and agree that you have read and understand the provisions of these terms of use. By using this site or any other site associated with Culdebag Enterprises LLC, you consent to the terms of use described herein, including any updates. Culdebag Enterprises LLC reserves the right to vary these terms of use from time to time and will update the “Effective Date” section above when such changes are made.
Abuse Policies
Internet Safety
Culdebag Enterprises LLC is dedicated to the millions of users who create or are affected by sites created using our services. The internet is a vast ocean of information that can be used to express ideas, interests, experiences, feelings and thoughts.
Culdebag Enterprises LLC is a powerful tool enabling our users to easily express these things. It is our goal to make this experience as enjoyable as possible in a clean and respectful environment. We hope that some of these resources will be found useful to you.
Culdebag Enterprises LLC Civil Subpoena Policy
Culdebag Enterprises LLC Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on any website associated or one of its affiliates.
If you seek the identity or account information of a Culdebag Enterprises LLC customer in connection with a civil legal matter, you must fax, mail, or serve Culdebag Enterprises LLC with a valid subpoena.
Submission of Subpoenas
Culdebag Enterprises LLC is headquartered in Culdesac, Idaho and all civil subpoenas should be served at that location or mailed to:
Compliance Department
Culdebag Enterprises LLC
807 Phinney
Culdesac, Idaho 83524
Alternatively, the civil subpoena can be faxed to:
(208) 843-2761
Attn: Compliance Department
Notice to Customer and Response Time
Upon the receipt of a valid civil subpoena, Culdebag Enterprises LLC will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Culdebag Enterprises LLC will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. Culdebag Enterprises LLC reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with Culdebag Enterprises LLC.
Fees for Subpoena Compliance
Culdebag Enterprises LLC will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Culdebag Enterprises LLC invoice. Checks should be made out to Culdebag Enterprises LLC.
Culdebag Enterprises LLC subpoena compliance costs are as follows:
Research - $75.00/hour
Federal Express - Cost as Billed
Copies - $.25/page
Policies Regarding E-mail
Culdebag Enterprises LLC will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances.
Culdebag Enterprises LLC reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how any e-mail address is related to the pending litigation and the underlying subpoena.
Spam Violations
Although Culdebag Enterprises LLC is not an email service provider, we are aware of the growing problem that spam has become on the internet. We are strictly against all spam activity, including mass Emailing, multiple Emailing, multiple posts or mass posting into forums, and flooding of forums or chatrooms with the intent of promoting a site.
To better understand how to define spam, or to report spam activity, please refer to these third-party links:
SpamCop.net
SpamAbuse.net
JunkEmail.org
CAUCE
For Culdebag Enterprises LLC to take the proper steps to monitor the spamming activity of our users, we require proper verification of this activity. For proper verification, please report the activity to one of the above sites, and to the Email Service provider from which the spam is coming. First time violators will be warned of the activity. Repeat verified violators will have their sites removed from our system.
These terms can and will be updated when deemed necessary. All customers and members will abide with these terms after update has been made to either the privacy terms or terms of service!