Terms & Conditions
Copyright Infringement
Some files contained on these networks are copyrighted works, like software, popular games and movies. P2P software makes it possible to upload and download copyrighted material from the Internet without proper authorization, but that can violate copyright laws and subject you to criminal and civil penalties.
Data Security
P2P software allows any user to access the files you place or move into your shared folder. If you're not careful, files containing your personal and confidential information could inadvertently be uploaded for distribution on the Internet. This could cause a number of problems, including identity theft. We strongly suggest purchasing one of the major spyware applications available or visit our bonus software section for a free version.
Pornography
Files downloaded from the Internet using P2P software could contain pornographic material. These files may be mislabeled with seemingly innocent names. This can result in users, including children, being inadvertently exposed to pornography. Redistributing files containing child pornography or obscene content can be a crime.
Spyware
Files downloaded from the Internet using P2P software may contain spyware that can track your online activity, control your computer, or harm its operation. These files typically are disguised and can go undetected. We strongly suggest purchasing one of the major spyware applications available or visit our members section for a free version.
Viruses
Files downloaded from the Internet using P2P software may carry computer viruses, worms, or Trojans that can damage your computer or cause other problems. These files typically are mislabeled to disguise their true purpose. We strongly suggest purchasing one of the major anti-virus applications.
Share Responsibly:
In our members area you will find all the tools you need to download and burn video files including open source as well as proprietary file-sharing software. Plus, you'll get unlimited access to tools for burning unlimited CD's, making your own copies, finding files and getting the most out of your movie download experience. Purchase of a membership, however, is not a license to upload or download copyright material. We do not condone copyright infringement and we urge you to respect the copyright laws of your Country.
Using file-sharing (P2P) software for the uploading or downloading of copyrighted works without the permission or authorization of the copyright holders may be illegal and could subject you (or the ISP subscriber) to civil and/or criminal liability and penalties. For more information about U.S. copyright law, please visit http://lcweb.loc.gov/copyright/ and http://www.copyright.gov/title17 .
Some content found on file-sharing (P2P) networks may be reproduced, uploaded and downloaded. There are a significant number of copyright holders who have authorized the sharing of their content for non-commercial purposes, such as some content with Creative Commons format licenses, and there is also content available in the public domain and not protected by copyright. Most commercially released popular songs, films, and software is NOT authorized for free redistribution but requires separate purchase or licensing. For Important Info on using P2P software Safely Click Here .
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THIS AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND 3DHuman.com ("3DHuman.com", "OUR," "US," "WE") REGARDING YOUR ACCESS TO AND USE OF THE 3DHuman.com WEB SITE (THE "SITE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO PURCHASE. BY ACCESSING THE SITE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS AS OUTLINED IN THIS LEGAL NOTICE.
MODIFICATION
3DHuman.com reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the Site. It is Your obligation to routinely review these terms and conditions and Your continued use of the Site following any such change (whether or not You have reviewed such change) constitutes Your binding acceptance to follow and be bound by the terms and conditions as changed.
THE SERVICE
The fee assessed by 3DHuman.com entitles You to access the location, evaluation, and or recommendation of software products available from the web site and for the installation and technical support provided. All software recommendations refer to software that is available without charge to individuals at large for specific purposes. The service makes no download speed performance guarantees or the availability of specific files for download on the peer to peer network.
You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service. In order to use the Service, You must obtain access to the Internet and pay any service fees associated with such access.
YOUR CONDUCT
You agree not to: (a) upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (b) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, libelous and/or otherwise objectionable; (c) infringes any third party's intellectual property; or (d) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree that you will not transmit or access any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party and agree to indemnify and hold harmless 3DHuman.com from their claims if you do.
TECHNOLOGICAL AND USE LIMITATIONS
3DHuman.com will make reasonable efforts to keep the Site operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary service interruptions. 3DHuman.com also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that 3DHuman.com shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
INTELLECTUAL PROPERTY RIGHTS
3DHuman.com makes no claim to ownership or other control or rights to any software recommended by the Service. None of the fee entitles You, as a Purchaser to any ownership, licensing rights or recourse with regard to use of the software other than those rights offered by the software owners or licensees.
SUBSCRIPTION E-MAILS
3DHuman.com is a direct marketer that delivers email messages to its subscribers. All information voluntarily provided to 3DHuman.com by a registrant may be used to support our marketing partner?s data services business. These services include the provision of personally identifiable data to marketing companies, advertising agencies, data compilers, data companies, and, to the extent permitted by law, individual reference, email marketers and look-up service programs. Such information may be used by such companies to provide users via email with information on products and services that may be of interest to them. Users may unsubscribe to electronic mailings sent by us at any time by following the instructions contained at the end of every 3DHuman.com newsletter or mailing. Users wishing to unsubscribe from 3DHuman.com messages may reply to the message with the word 'remove' in your email message subject line or by clicking the "Remove yourself from future email here" link.
COPPA
Since you may not become a member of 3DHuman.com's Network if you are under the age of 18, 3DHuman.com complies with the Children's Online Privacy Protection Act of 1998. Advertisers and Publishers are also obligated to comply with COPPA.
If you inform 3DHuman.com that 3DHuman.com has collected or received information from a child under 18, 3DHuman.com will delete such information immediately from its databases. No 3DHuman.com Web Site is specifically directed to children under 18. 3DHuman.com shall not knowingly distribute to third parties any personally identifiable information erroneously collected from children under 18.
PAYMENT
Your account will be considered delinquent if your credit card company or bank refuses for any reason to pay the amount billed to it. You agree to pay 3DHuman.com all reasonable attorneys fees and collection agency costs incurred by 3DHuman.com to collect any past due amounts.
SUPPORT
Subject to the terms hereof, 3DHuman.com will provide you with email support services for the Service and associated software. Under no circumstances will 3DHuman.com have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or phone support.
TERMINATION
You agree that 3DHuman.com, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if 3DHuman.com believes that you have violated or acted inconsistently with the Agreement.3DHuman.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that 3DHuman.com may immediately deactivate or delete your account and/or bar any further access to the Service. Termination shall not relieve you of any obligations to pay accrued charges.
CANCELLATION
You can cancel your account anytime with no further obligation. Use the "Contact Us" link on the web site to cancel your account.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
MISCELLANEOUS The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys fees.
Effective January 1, 2006
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