Advanced PC Media LLC Terms of Service

This contract covers all sites, software and services provided by Advanced PC Media LLC defined as the "Services". You may not use our Services unless you agree to abide by the following terms.

By Using our Services:

* YOU SIGNIFY THAT YOU AGREE TO THESE TERMS AND CONDITIONS ("Terms of Service");
* YOU CONSENT TO THE INFORMATION PRACTICES OF THE PRIVACY POLICY.

If you do not agree, do not use our Services.

1. Changes to the Terms of Services

We may change these Terms of Services at any time. You can review the most current version of these terms by clicking on the "Terms of Service" hypertext link located at the bottom of our homepage. If we make changes, you are bound by the new terms if you continue to use our Services.

2. License to Use the Services

The text, comments, information, software, images, audio and video ("Content") published on the Services is property of Advanced PC Media LLC and is protected by international treaties, and by copyright, trademark, and other proprietary rights. We own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on our Services are our trademarks.

You may use the Services only for personal, non-commercial purposes. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of our Services or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent.

Occasionally we provide consent to reproduce our Content beyond the limitations of this license for personal non-commercial purposes; contact us to request permission.

3. Submission of Content, Comments, Correspondence

Any correspondence with the Services or with Advanced PC Media LLC, or submission of content to us, including any documentation, information, text, comments or images, is considered property of Advanced PC Media LLC. We reserves the right to reproduce such content, in whole or in part, on any of the Services and to use it in any way we choose. In submitting something to us, you are representing that the content is yours to give to us, does not infringe on any third party's rights - copyright, trademark, privacy rights and the like - and is not libelous or unlawful in any other way.

4. No Duty to Monitor

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

5. Procedure for Making Claims of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on a Service in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.

6. Disclaimer of Warranties

We provide our Services "as is", "with all faults" and "as available." We make no express warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH OUR SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OUR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

7. Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF OUR SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF A SERVICE EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILIT SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

8. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. Third Party Sites, Advertising

Our Services may include links to third party web sites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on our Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

10. International Use

We make no representation that Content on the Services is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access a Service from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

11. Choice of Law and Location For Resolving Disputes

You agree that the laws of the State of Illinois govern this contract and any claim or dispute that you may have against us, without regard to Illinois' conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Illinois and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF ILLINOIS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF ILLINOIS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

12. Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on our Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

13. Termination

Your right to use our Services automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with our Services. We also reserve the right, in our sole discretion, to terminate your access to all or part of our Services, for any reason, with or without notice.

Last Updated 9/18/2010.

TweakXP.com® is a registered trademark of Advanced PC Media LLC with the United States Patent and Trademark office.
TweakVista® is a registered trademark of Advanced PC Media LLC with the United States Patent and Trademark office.

DealGizmo is a trademark of Advanced PC Media LLC
Tweaks.com™ is a trademark of Advanced PC Media LLC
Wingeek™ is a trademark of Advanced PC Media LLC
TweakWin7.com™ is a trademark of Advanced PC Media LLC
DealGizmo™ is a trademark of Advanced PC Media LLC

Icon Credits

Some Advanced PC Media LLC Web sites may use icons licensed under the Creative Commons Attribution License. Icons used under this license include Mark James' Silk icons and Yusuke Kamiyamane's Fugue Icons.